VENTURE SOFTECH INDIA PRIVATE LTD. REPRESENTED BY C.E.O. N.S. MURALI SOURABHA COMPLEX HINDU, AGED ABOUT 45 YEARS NO. 5, AM, INDUSTRIAL ESTATE 12TH K.M. STONE GARAVEBHAVI PALAYA BENGALURU 560 069 Vs. STARTUP XPERTS ITS PROPRIETOR, POORNIMA REPRESENTED BY POWER AGENT SHYAM SEKAR S, 44 YEARS S/O R. SETHUNARAYANAN NO. 8 AND 9, EVR STREET KOTHARI NAGAR RAMAPURAM CHENNAI 600 089

JUDGEMENT

(1.) This Criminal Original Petition has been filed seeking to call for records and quash the complaint in C.C. No. 5246 of 2015 on the file of the XXIII Metropolitan Magistrate Court, Saidapet, Chennai, presently pending on the file of the Fast Track Court No. III, Saidapet, Chennai.

(2.) Startup Xperts (the complainant) is a proprietary concern, its Proprietor being Poornima. It is the case of the complainant that she entered into a business consultancy agreement with Venture Softech India Pvt. Ltd. (A1) during Nov. 2013. It is her further case that for the consultancy services rendered by her, the first accused owes a sum of Rs. 8,42,700.00 and towards settlement of the said dues, the first accused had issued two cheques dated 28.02.2015 and 28.03.2015 drawn on HDFC Bank, Koramangala Branch, Bengaluru, for Rs. 4,50,000.00. The complainant presented the said cheques on the dates mentioned therein, viz., 28.02.2015 and 28.03.2015 for clearance in her account in ICICI Bank, K.K. Nagar Branch and both the cheques were returned unpaid on the ground payment stopped by drawer . The returned memos are dated 27.05.2015. The complainant issued a statutory notice dated 24.06.2015 under Sec. 138 of the Negotiable Instruments Act, 1881, calling upon the first accused to pay the amounts covered by the cheques within 15 days from the date of receipt of the said notice. It is not known as to on what date, the first accused received the statutory notice, but, the first accused had issued a reply notice dated 30.07.2015 repudiating the complainant's claim. Thereafter, Startup Xperts, represented by Poornima, launched a prosecution against the first accused and N.S. Murali (A2), its Chief Executive Officer in C.C. No. 5246 of 2016, which is now pending before the Fast Track Court No. III, Saidapet, Chennai. Challenging the said prosecution, both the accused are before this Court.

(3.) Heard Mr. A. Navaneethakrishnan, learned Senior Counsel appearing for the accused and Mr. A.M. Rahamath Ali, learned counsel for the complainant.