TRILUX TECHNOLOGIES SINGAPORE PVT LTD Vs. BOON TECHNOLOGIES

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the complaint in C.C.No.3610 of 2002, pending on the file of the IX Metropolitan Magistrate Court, Saidapet, Chennai as far as the petitioners are concerned.

(2.) The brief facts of the case are as follows:- The respondent filed a complaint against the petitioners and others who were Directors of M/s.Trilux Technologies Singapore Ltd., at Singapore for alleged offences under Sections 138 and 142 of the Negotiable Instruments Act. According to the complainant, he developed a software and exported the same to the accused-company in the month of December, 2001 which was confirmed by the accused by their letter dated 18.12.2001. The accused sent two cheques dated 18.2.2002 for U.S.$ 7800 each drawn on Overseas Chinese Bank of Corporation Ltd., Singapore, in the Foreign Currency Account and the cheques were sent by the 7th accused on behalf of the first accused. The other accused are holding posts in the company as Directors and they are responsible for the day to day administration of the business. When the cheques were presented at Andhra Bank, Ashok Nagar Branch, Chennai, the cheques were dishonoured on 26.3.2002 for the reason "refer to drawer" and the complainant received the said intimation from the Bankers on 5.4.2002. When the complainant issued statutory notice demanding payment of money, the notices were served on the 3rd and the 7th accused and notices to other accused returned as "refused". Hence a complaint was lodged against all the accused before the IX-Metropolitan Magistrate, Chennai.

(3.) The only contention urged on behalf of the petitioner is that the cheques were drawn at Singapore, on a foreign Bank Account at Singapore and therefore a complaint could not be lodged for dishonour of the cheques at Madras.