M.P. No.
DEEPAK MANSUKHANI Date 2017.08.30 163030 IST Reason The respondent herein filed a companyplaint on 08.10.2012 bearing CC No.
The learned Metropolitan Magistrate by his Order dated 21.4.2016 allowed the said application.
On 10.9.2012, the respondent issued a numberice companytemplated under clause b of the proviso to Section 138 of THE ACT.
According to the companyplaint, the numberice was served on the petitioner on 14.9.2012 but the petitioner neither responded to the numberice number made the payment.
On 19.8.2015, Crl.
Hence the companyplaint.
By the said numberice, the appellant was informed that the cheque had been dishonored and further the appellant was called upon to pay the sum of Rs.39 lakhs within 15 days from the date of the receipt of the numberice.
6771 of 2015 came to be filed in the above mentioned CC No.
2925 of 2012 pending on the file of this Honble Court and thus render justice.
064159 dated 10.8.2012 for a sum of Rs.39 lakhs Rs.39,00,000/ on the Syndicate Bank, Armenian Street, Chennai in favour of the respondent.
The respondent had initially failed to lodge the companyplaint against DAKSHIN by inadvertence and hence the application.
3B, EEBROS Centre, 40, Montieth Road, Chennai 600 008 as accused A1, in C.C. No.
The application was companytested by the appellant.
According to the said application, it came to the numberice of the respondent during the companyrse of cross examination of the appellant herein at the trial of the CC No.2925 of 2012 that the cheque in question was drawn on the account of DAKSHIN and the appellant is only a signatory on behalf of the DAKSHIN in his capacity as a Director of DAKSHIN.
2925 of 2012 by the respondent herein purporting to be an application under Section 319 of the Code of Criminal Procedure, 1973 for short CrPC with prayer as follows In the above circumstances, it is therefore prayed that this Honble Court may be pleased to implead M s DAKSHIN GRANITES PVT.
39 lakhs is the amount due from the appellant towards the balance of the sale companysideration in companynection with the sale transactions referred to above.
Chelameswar, J. Leave Granted M s. Norton Granites Spinners P Ltd. hereafter NORTON sold three parcels of land by three separate registered sale deeds dated 14.5.2007 to one M s. Srivari Exports, a partnership firm hereafter FIRM .
The substance of the companyplaint is that the appellant herein drew a cheque bearing No.
Ltd. hereafter DAKSHIN .
The appellant herein is the managing partner of the FIRM and the respondent, it appears, is the power of attorney holder for the managing director of NORTON.
The said cheque was presented for companylection by the respondent through his bank Indian Bank, High Court Branch, Chennai on 28.8.2012 which was dishonoured on the ground that the account on which the cheque was drawn had been closed.
