GIMPEX PRIVATE LIMITED Vs. MANOJ GOEL

JUDGEMENT

(1.) A. Factual Background This batch of appeals has arisen from a judgment dated 10 April 2019 of a Single Judge of the High Court of Judicature at Madras by which proceedings in a complaint CC No. 389 of 2017 under Section 138 of the Negotiable Instruments Act 1881 ["NI Act"], pending on the file of the Seventh Metropolitan Magistrate's Court at Chennai were quashed. The jurisdiction of the Single Judge was invoked under Section 482 of the Code of Criminal Procedure 1973 ["CrPC"].

(2.) On 17 and 27 April 2012, the appellant entered into three High Seas Sale Agreements, ["HSSA"] with Aanchal Cement Limited, ["ACL"] . On the request of ACL, the appellant paid an amount of Rs. 6.96 crores (Rs. 6,96,74,666/-) as customs duty and Rs. 8.04 crores (Rs. 8,04,12,495/-) as wharfage charges in order to clear the goods on behalf of ACL which is alleged to have promised to repay the amount with interest. It has been alleged that though the appellant supplied the goods, ACL failed to make payments. On 6 August 2012, ACL issued 18 cheques dated 8 August 2012, each in the amount of Rs. 50 lakhs, for a total value of Rs. 9 crores in favour of the appellant in part payment of the outstanding liability. On 21 August 2012, the 18 cheques were dishonoured upon presentation with an endorsement: "payments stopped by drawer"/ "insufficient funds". A complaint was lodged by the appellant on 10 September 2012, with the Commissioner of Police, Egmore, Chennai, against ACL and its directors for offences under Sections 409 and 506(1) of the Indian Penal Code 1860 ["IPC"], which was registered as an FIR in Central Crime Branch on 1 February 2013 as Crime No. 21 of 2013. Between 22 September 2012 and 5 October 2012, the appellant issued legal notices under Section 138 of the NI Act to ACL and its directors - Sitaram Goel, Manoj Goel (the respondent) and Mukesh Goel in respect of the dishonor of the 18 cheques.

(3.) On 22 October 2012 and 6 November 2012, the appellant filed criminal complaints, [CC Nos.3326-3329 of 2012 and CC Nos.99-101 of 2013] under Section 138 of the NI Act, in respect of the dishonour of the cheques of the value of Rs. 9 crores. This is the first set of complaints filed by the appellant.