KINFOTECH PRIVATE LIMITED Vs. REDINGTON (INDIA) LTD

JUDGEMENT

(1.) The petitioners are accused in C.C.No.1530 of 2013 on the file of III Fast Track Court, Metropolitan Magistrate Court, Saidapet, Chennai.

(2.) The respondent/complainant filed a private complaint under Section 200 of the Code of Criminal Procedure against the petitioners in C.C.No.1530 of 2013 before the IX Metropolitan Magistrate, Saidapet, Chennai for an alleged offence punishable under Section 138 of Negotiable Instruments Act. Subsequently, the case was transferred to III Fast Track Metropolitan Magistrate Court, Saidapet, Chennai. The case of the respondent/complainant in C.C.No.1530 of 2013 is that he is engaged in the business of distribution of computers and computer peripherals and related products of various multinational companies and the first accused having its office at No.2/10, Ajay Plaza, 3rd Floor, 1st Main Road, N.S.Palya, Banerghatta Road, Bangalore 560 076, through its Managing Director Mr.Prabhakar Kini and Additional Director Mr.Ravi Kumar Dorai Swamy, who are 2nd and 3rd petitioners respectively, placed orders for purchase of Autodesk Software Products, Adobe Software products, Apple products, Iron Port Software License products, Mcfee Software License products, Microsoft Software License products, Micro Focus Software products, Quest Software License products, NetApp Storage products and Symaniec Software License products etc. and the goods were delivered to the accused as per the invoice as mentioned in the complaint. According to the complainant, the 2nd and 3rd accused signed the cheques on behalf of the first accused in favour of the complainant. The details of the cheques are mentioned below.

(3.) Mr.Lakshmi Narasimhan, learned counsel appearing for the petitioners contended that the entire proceedings in C.C.No.1530 of 2013 on the file of III Fast Track Metropolitan Magistrate, Saidapet, Chennai is liable to be quashed under Section 482 of Code of Criminal Procedure on the following grounds.