Karnataka High Court
M/S Tiffins Barytes Asbestos And Paints ... vs M/S D P Exports on 1 August, 2016
Author: Aravind Kumar
Bench: Aravind Kumar
:1:
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 1ST DAY OF AUGUST, 2016
BEFORE
THE HON'BLE MR. JUSTICE ARAVIND KUMAR
CRIMINAL PETITION NO.2984/2015
BETWEEN:
1. M/S TIFFINS BARYTES ASBESTOS
AND PAINTS LTD.
NO.14 & 16,
GOPALAKRISHNA STREET-WEST-T. NAGAR
CHENNAI-600017, TAMIL NADU,
REP BY ITS MANAGING DIRECTOR,
MR. SRIRAMVEDAM.
2. MR. SRIRAM VEDAM
S/O SWAYAMBU VEDAM
AGED 51 YEARS, MANAGING DIRECTOR,
M/S TIFFINS BARYTES ASBESTOS
& PAINTS LTD. NO.14 & 16,
GOPALAKRISHNA STREET WEST,
T. NAGAR, CHENNAI-600017
TAMIL NADU,
ALSO AT:
OLD NO.9, NEW NO.28,
BALAJI AVENUE, 1ST STREET,
T. NAGAR, CHENNAI-600017,
ALSO AT:
M/S VISHNU INTERNATIONAL L.L.C.
SUITE NO.140, 5910,
CORTEZ ROAD WEST, BRADENTON,
FLORIDA-34210,
U.S.A. PHONE NO.941-792-7092,
ALSO AT:NO.21, CHILTERN DRIVE
BRADDELL HEIGHTS ESTATE
:2:
SINGAPORE-359740.
3. MRS. NANDHITA VEDAM
W/O SRIRAM VEDAM
AGED 44 YEARS, DIRECTOR,
M/S TIFFINS BARYTES ASBESTOS
AND PAINTS LTD., NO.14 & & 16,
GOPALAKRISHNA STREET WEST, T. NAGAR,
CHENNAI-600017, TAMIL NADU.
ALSO AT: OLD NO.9, NEW NO.28,
BALAJI AVENUE, 1ST STREET,
T. NAGAR,CHENNAI-600017.
ALSO AT:
M/S VISHNU INTERNATIONAL L.L.C.
SUITE NO.140, 5910,
CORTEZ ROAD WEST,
BRADENTON FLORIDA-34210,
U.S.A.
ALSO AT:NO.21, CHILTERN DRIVE,
BRADDELL HEIGHTS ESTATE,
SINGAPORE-359740.
4. KANIYUR CHELLAPPAIYER SUNDARAJAN BABU
AGED 73 YEARS, DIRECTOR,
M/S TIFFINS BARYTES ASBESTOS
& PAINTS LTD., NO.14 & 16,
GOPALAKRISHNA STREET WEST, T. NAGAR,
CHENNAI-600017, TAMIL NADU.
ALSO AT: OLD NO.12, NEW NO.49,
SCHOOL ROAD, AGRAHARAM KANIYUR,
UDUMALAPET, COIMBATORE-642203.
ALSO AT:
M/S VISHNU INTERNATIONAL L.L.C.
SUITE NO.140, 5910, CORTEZ ROAD WEST,
BRADENTON, FLORIDA-34210,
U.S.A.
ALSO AT:NO.21, CHILTERN DRIVE,
BRADDELL HEIGHTS ESTATE,
:3:
SINGAPORE-359740.
5. MR. RANGANATHAN SWAYAMBU,
AGED 72 YEARS, DIRECTOR,
M/S TIFFINS BARYTES ASBESTOS
& PAINTS LTD. NO.14 & 16,
GOPALAKRISHNA STREET WEST-T. NAGAR,
CHENNAI-600017, TAMIL NADU,
ALSO AT:
NEW NO.174, 3RD CROSS STREET,
LAKSHMI NAGAR,
CHENNAI-600116
6. MR. B.K. MANOJKUMAR
AGED 42 YEARS,
AUTHORIZED SIGNATORY,
M/S TIFFINS BARYTES ASBESTOS
& PAINTS LTD. NO.14 & 16,
GOPALAKRISHNA STREET WEST-T. NAGAR,
CHENNAI-600017, TAMIL NADU.
ALSO AT:
NO.11/21, BABUR STREET,
OLD MARKET, NEAR HOUSES CB,
BELLARY-583101. ... PETITIONERS
(BY SRI S.N.ASHWATHANARAYAN, ADV.(ABSENT)
AND:
M/S D P EXPORTS,
A REGISTERED PARTNERSHIP FIRM
HAVING ITS OFFICE AT NO.2, 2ND FLOOR,
3RD CROSS, 1ST MAIN ROAD,
DEVAPPA GARDEN, NAGASHETTYHALLI,
RMV 2ND STAGE EXTENSION,
BANGALORE-94.
REP BY ITS MANAGING PARTNER,
SRI. M. POONGODI,
DULY REPRESENTED BY HER
POWER OF ATTORNEY HOLDER
SRI. M. POOBALAN
S/O M. MUTHUSWAMY,
AGED ABOUT 54 YEARS. ...RESPONDENT
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THIS CRIMINAL PETITION FILED U/S.482 CR.P.C BY THE
ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE
COURT MAY BE PLEASED TO QUASH THE ORDER OF ISSUE OF
PROCESS AND ENTIRE PROCEEDINGS FOR THE OFFENCE P/U/S
138 OF N.I. ACT BY THE PRL. CIVIL JUDGE & JMFC, BELLARY IN
C.C.NO.1550/14 AGAINST THE PETITIONERS AT VIDE
DOCUMENT NO.1 & 2.
THIS CRIMINAL PETITION COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The respondent filed a complaint under Section 200 of the Cr.P.C. against petitioners for the offence punishable under Section 138 of the Negotiable Instruments Act and seeking quashing of said proceedings, this petition is filed.
2. The gist of the complaint is that complainant is a partnership firm and accused persons had approached the complainant and represented that accused No.1 is a Company incorporated under the Companies Act. It is stated that accused No.2 is the Managing Director and accused Nos.3, 4 and 5 are the Directors of accused No.1 and accused Nos.6 and 7 are the authorised signatories of accused No.1. It is stated in the complaint that accused persons represented to the complainant that accused No.1 is holding a Mining Lease bearing M.L.No.2293 in respect :5: of iron ore and red oxide granted by the Government of Karnataka for an extent of 472.32 acres in various survey numbers of Ballari district and said lease had also been renewed on 04.01.2011 to be valid upto 25.05.2018. It is the further contention of the complainant that accused persons had approached the complainant for better and effective management of mining operations as well as sale of minerals mined in the said property and for the said services to be rendered by the complainant, accused agreed to certain terms and conditions as set out in the agreement dated 06.02.2011 which was followed by an addendum agreement dated 18.06.2011. It is stated that as per the addendum agreement, accused persons had agreed to sell 70% mineral of all grades to the complainant or its clients at 25% discounted rate on the prevailing market rate and in furtherance of that, complainant had paid to accused persons a sum of Rs.16,13,00,000/- through various cheques from 22.02.2011 to 09.06.2011 which was duly acknowledged by the accused persons and thereafter, further amounts have also been paid and in all complainant has paid sum of :6: Rs.39,68,00,000/- to accused persons. In spite of receiving such payment, accused had not supplied the iron ore but in turn agreed to repay the said money along with interest.
3. It is stated that towards discharge of said debt, cheques came to be issued by accused persons and only a sum of Rs.18,50,00,000/- was repaid and balance Rs.21,18,00,000/- was yet to be paid with interest and towards the discharge of the said debt, accused persons had issued cheque for Rs.32,04,01,258/- and when complainant presented the said cheque through his banker Vijaya Bank, Sanjaynagar Branch, Bangalore, same has been returned with a shara 'Debit Not Allowed' by memo dated 29.04.2014. On issuance of notice as required under Section 138 of the Negotiable Instruments Act, accused persons have not repaid the amount as demanded and as such, it was alleged that accused persons have committed an offence punishable under Section 138 of the Negotiable Instruments Act. Hence, a complaint was presented before the XXVIII Addl. Chief Metropolitan :7: Magistrate Court at Bangalore on 15.07.2014 which was ordered to be returned on 01.10.2014 to the complainant and accordingly, complaint came to be presented before the Prl. Junior Civil Judge and JMFC, Ballari.
4. The jurisdictional Court i.e., JMFC, Ballari, having taken the cognizance of the said offence has issued processes and non-bailable warrant against the petitioners/accused and same is questioned in the present petition contending that the cheques in question had been stolen and there is prima facie material to show that they were stolen cheques and hence none of the ingredients of Section 138 of the Negotiable Instruments Act are attracted. Hence, proceedings initiated against accused- petitioners be quashed.
5. As to whether the cheques in question had been stolen as contended by the accused persons is a factual issue which is required to be adjudicated by rendering evidence and it is within the domain of the jurisdictional court. In the absence of such evidence, no finding can be recorded in that regard and as such, extra-ordinary :8: jurisdiction of this Court cannot be exercised for quashing the proceedings. In that view of the matter, I do not find any good ground to entertain this petition or grant any relief to the petitioners. Hence, criminal petition is hereby rejected.
Sd/-
JUDGE Jm/-