LAWS(MAD)-2023-10-113

MANGAL SAVITRI BIZCON Vs. LAKSHMI PREMISES PRIVATE LIMITED

Decided On October 30, 2023
Mangal Savitri Bizcon Appellant
V/S
Lakshmi Premises Private Limited Respondents

JUDGEMENT

(1.) The petitioners are accused in the private complaint under Sec. 138 of NI Act, in S.T.C No: 4861/2022 taken cognizance by the MM (Fast Track Court -1), Egmore.

(2.) After examination of witnesses on either side, the accused/petitioners filed petition to quash to complaint on the ground, MM ( FTC-1) Egmore lack of territorial jurisdiction to try the case. The Learned Metropolitan Magistrate on considering the facts and law dismissed the petition. Being aggrieved, the present petition is filed.

(3.) Brief facts leading to this petition: The respondent herein is the complainant before the trial court. In the complaint filed under Sec. 138 of NI Act, it is stated that the first accused in a Private Limited Company. The second accused is its Whole time Director taking care of the day to day affairs of the first accused company. The third accused is the Director and signatory of the cheques dtd. 22/04/2022 drawn on HDFC Bank, Manekji Wadia Building, Nanik Motwani Marg, Fort, Mumbai issued in favour of the complainant for Rs.14,00,00,000.00 (Rs. Fourteen crores only) and for Rs. 94,50,000/- ( Rs. nintyfour lakhs fifty thousand only) for discharge of loan received towards principal and interest respectively.