RENUKA RAMNATH Vs. HCL INFOSYSTEMS LIMITED

JUDGEMENT

(1.) THE fifth accused in C.C. No. 2161 of 2009 on the file of the learned VII Metropolitan Magistrate, Georgetown, Chennai, is the petitioner herein.

(2.) THE respondent/complainant filed a complaint against the M/s. Subhiksha Trading Services Limited and its Directors, who are arrayed as accused 2 to 8 for the offence under Section 138 of the Negotiable Instruments Act and this petition is filed by the fifth accused to quash the aforesaid complaint.

(3.) HE has further submitted that in the said notice it has been specifically mentioned that Mr. R. Subramanian, Managing Director was in charge of and responsible for the day -to -day business of the company, Mr. N. Sridhar, Chief Financial Officer, Mr. Atul Joshi, Senior President and Mr. Rathina Kumar Sundar are Managers and Company Secretary of Subhiksha Trading Services Limited respectively are dealing with the clients whose connivance and neglect have also resulted in the company committing the offence and therefore, submitted that no notice was issued to the petitioner calling upon her to make payment of a sum of Rs. 3,00,00,000/ -. Though notice was served on Mr. R. Subramanian, Managing Director, Mr. N. Sridhar, Chief Financial Officer, a copy of the notice only was addressed to the petitioner and others. Therefore, there was no proper service of statutory notice on the petitioner as only a copy thereof was marked to the petitioner. Therefore, the petition is liable to be allowed.