B.Amirthavalli vs M/S.Folium Trading Private Limited on 2 November, 2018

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Madras High Court

B.Amirthavalli vs M/S.Folium Trading Private Limited on 2 November, 2018

Bench: P.N.Prakash

                                                             1

                                      IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED 02.11.2018

                                                         CORAM

                                        THE HONOURABLE Mr.JUSTICE P.N.PRAKASH


                                                CRL.O.P.No.25717 of 2018
                                          and CRL.M.P.No.14703 & 14706 of 2018



                     B.Amirthavalli                                                     .. Petitioner

                                                             Vs

                     M/s.Folium Trading Private Limited,
                     Rep. by its Director/Authorized Signatory Manjoorali,
                     Regus Shyamala Gardens,
                     Shayamalpet,
                     No.136, Arcot Road,
                     Saligramam,
                     Chennai - 600 093.                                                 .. Respondent


                                Criminal Original Petition filed under Section 482 of Cr.P.C., praying
                     to call for the records and quash the complaint in S.T.C.No.2181 of 2018, filed
                     against the petitioner on the file of the Fast Track Court-III, Saidapet, Chennai.


                                           For Petitioner : Mr.R.Venkatesh
                                           For Respondent : Mrs.M.Prabavathi, APP


                                                        ORDER

For the sake of convenience, the parties will be referred to as complainant and accused. It is the case of the complainant that they are into paper business and during the course of their business, M/s.Creative Papers, a partnership firm, for purchase of papers, towards which, they issued the http://www.judis.nic.in 2 impugned cheque for Rs.8,04,904/-, which when presented was dishonoured. After issuing Statutory Notice, the present complaint has been filed under Section 138 of Negotiable Instruments Act, for quashing which, B.Amirthavalli (A3) is before this Court.

2.Heard Mr.R.Venkatesh, learned counsel appearing for A3 submitted that A3 has resigned her partnership in the firm as early as 30.06.2015 and that, she was not a Partner, when the impugned Cheque dated 05.12.2017 was issued.

3.In support of this contention, Mr.R.Venkatesh, learned counsel placed reliance upon the Release Deed dated 30.06.2015.

4.In the opinion of this Court, this is a disputed question of fact which cannot be gone into in a quash petition. Hence, this petition is closed with liberty to the petitioner to plead this before the trial Court during trial. However, the presence of the petitioner before the trial Court is dispensed with on the following conditions:

i. The petitioner shall appear before the trial Court and execute a bond for Rs.10,000/- under Section 88 Cr.P.C.

ii. The petitioner shall appear before the trial Court for framing charges, for questioning under Section 313 Cr.P.C. and on the date of http://www.judis.nic.in judgment.

iii. For other hearings, if the petitioner files an application under Section 317 Cr.P.C., the same shall be liberally construed. If the accused adopts any dilatory tactics, the trial Court shall insist upon the presence of the accused.

iv. If the accused absconds, a fresh FIR can be registered against him under Section 229-A of IPC.

Consequently, connected Miscellaneous petition is closed.

02.11.2018 dua/gya To Fast Track Court-III, Saidapet, Chennai.

http://www.judis.nic.in 4 P.N.PRAKASH, J.

gya CRL.OP.No.25717 of 2018 02.11.2018 http://www.judis.nic.in

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