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TMI Blog2021 (10) TMI 1024X X X X Extracts X X X X X X X X Extracts X X X X ..... s the arrears of salary to be paid to the defacto-complainant but the case under Section 138 of N.I. Act was filed against VT Manpower Consultancy Services Private Limited. - It could also be seen that there are allegations and counter allegations against each parties and as per clause 19 (Arbitration) of the Agreement of Employment of VT Manpower Consultancy Services Private Limited, the parties expressly agree that all disputes or controversies arising out of this agreement, its performance, or the alleged breach thereof, if not disposed of by agreement, shall be resolved by arbitration in accordance with this section. Either party must demand such arbitration only within three (3) months after the controversy arises by sending a notice of demand to arbitrate under the Indian Arbitration and Conciliation Act, 1996, to the other party. This Court cannot have a roving enquiry in this matter and as per the order of the Hon'ble Supreme Court where guidelines were issued for quashing the FIR, this case would not fall under the guidelines issued and this Court is of the view that the petitioner's claim to quash the C.C. No. 4965 of 2014 on the file of the III-FTC, Saidapet, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th the defacto-complainant/respondent herein. 4. It has further been submitted that as per the complaint, the 2nd accused namely, Mr. Saravanan, had issued the said cheque under his individual capacity. The cheque was issued by the 2nd accused under his individual capacity, it would not cover the petitioner as the cheque in question was not issued by the petitioner herein. Further, the job confirmation letter and in the agreement of the employment, it clearly attributes that whatever the case relating to the employer and employee, it should be resolved by appointing the Arbitrator. In this case, the arbitrator was neither appointed nor any proposal has been sent to the petitioner herein. Only after notice dated 4.1.2014 sent by the petitioner, the respondent with the motive of retaliation has sent reply cum demand notice dated 7.2.2014 to wreak vengeance, claiming an amount of ₹ 7,28,000/- as salary due, which was clearly replied by the petitioner that the cheque was in no manner given to the defacto-complainant/respondent herein. Further, the said Cheque would be stolen or it should be kept mischievously by her own which may be handed over to her at the time of her employ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the defacto-complainant. As per clause 19 (Arbitration) of the Agreement of Employment of VT Manpower Consultancy Services Private Limited, the parties expressly agree that all disputes or controversies arising out of this agreement, its performance, or the alleged breach thereof, if not disposed of by agreement, shall be resolved by arbitration in accordance with this section. Either party must demand such arbitration only within three (3) months after the controversy arises by sending a notice of demand to arbitrate under the Indian Arbitration and Conciliation Act, 1996, to the other party. In the disposition of the dispute, the arbitrators shall be governed by the express terms of this agreement and otherwise by the laws of the State of (specify) which shall be govern the interpretation of the Agreement. The decision of the arbitrators shall be final and conclusive on the parties and shall be a bar to any suit, action or proceeding instituted in any court or before any administrative tribunal. Notwithstanding the foregoing, judgment on any award by the arbitrators may be entered in any court of competent jurisdiction. This arbitration provision shall survive any expiration or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allegations against each parties and as per clause 19 (Arbitration) of the Agreement of Employment of VT Manpower Consultancy Services Private Limited, the parties expressly agree that all disputes or controversies arising out of this agreement, its performance, or the alleged breach thereof, if not disposed of by agreement, shall be resolved by arbitration in accordance with this section. Either party must demand such arbitration only within three (3) months after the controversy arises by sending a notice of demand to arbitrate under the Indian Arbitration and Conciliation Act, 1996, to the other party. 13. It is relevant to rely upon the judgment of the Hon'ble Supreme Court of India passed in Crl. A. No. 579 of 2019 dated 02.04.2019 in the case of Devendra Prasad Singh Vs. State of Bihar Anr., as follows:- 12. So far as the second ground is concerned, we are of the view that the High Court while hearing the application under Section 482 of the Cr.P.C. had no jurisdiction to appreciate the statement of the witnesses and record a finding that there were inconsistencies in their statements and, therefore, there was no prima facie case made out against respondent No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... complied with or not; and (ii) whether the allegations contained in the complaint, even if accepted in entirety, would not constitute the offence alleged. .............. 13. A look at the complaint filed by the appellant would show that the appellant had incorporated the ingredients necessary for prosecuting the respondents for the offences alleged. The question whether the appellant will be able to prove the allegations in a manner known to law would arise only at a later stage .................... The above judgments are squarely applicable to this case and as such, the points raised by the petitioner cannot be considered by this Court under Section 482 Cr.P.C. 16. It is further seen that the cheque has been issued by one Saravanan and the defacto complainant claims that it has been issued by Mr. Saravanan, General Manager, VT Manpower Consultancy Services Private Limited for personal liability. The issue whether the cheque has been issued by one Saravanan in his personal capacity or in the capacity of the General Manager of the firm is to be decided only at the stage of trial. This Court cannot have a roving enquiry in this matter and as per the order of the H ..... X X X X Extracts X X X X X X X X Extracts X X X X
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