IN THE HIGH COURT JUDICATURE AT MADRAS DATED: 31.03.2010 CORAM THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.O.P.No.6317 of 2007 Banu Ponallirajan .. Petitioner/Accused 2 ..Vs.. M/S. Seahorse Ship Agencies Private Limited Rep. By its Manager-operations Sri.E.Natrajan Door No.7, Krishnan Koil Street Chennai-600 001. .. Respondent Prayer: Criminal Original Petition filed under Section 482 of Criminal Procedure Code praying for a direction to call for the records in C.C. No.11035 of 2006 under Section 138 of Negotiable Instruments Act, on the file of VII Metropolitan Magistrate, George Town, Chennai. For Petitioner : Mr. Ramesh Kumar Chopra For Respondent : Mr. S. Suresh Legal Aid Counsel O R D E R The petitioner seeks to quash the proceedings in C.C.No. 11035 of 2006,under Section 138 of Negotiable Instruments Act, on the file of VII Metropolitan Magistrate, George Town, Chennai. 2. The case is one of prosecution offence under Section 138 of Negotiable Instruments Act. The complaint has been filed by the respondent owing to dishonor of two cheques which had been issued to him by the petitioner towards liability in respect of business transaction. The procedure under Section 138 of Negotiable Instruments Act has been followed and the complaint then preferred. 3. The learned counsel for the petitioner informs that there were absolutely no averments in the complaint of the petitioner being in-charge and responsible for the day to day affairs and conduct thereof to the partnership firm. As such, when the basic averments is not found in the complaint, the learned counsel for the petitioner seeks quash of the proceedings. https://hcservices.ecourts.gov.in/hcservices/ 4. Heard the learned counsel for the respondent on the submissions made by the learned counsel for the petitioner. 5. It is seen that the two accused in the case have been charged in their capacity, as partners of M/S. Yes Maritime Shipping Agencies. The learned counsel for the petitioner is correct in his submissions that the absolute complaint lacks the very basic and necessary averments, the presence of which alone could yield a successful prosecution of the petitioner. 6. In view of the above reason, the petition stands allowed and the proceedings in C.C. No.11035 of 2006 shall stand quashed. The State Legal Services Authority is directed to pay a sum of Rs.1,500/- to the learned counsel for Respondent, for the services rendered by him. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar kj To 1.The VII Metropolitan Magistrate George Town, Chennai. 2.The Secretary, State Legal Services Authority, Chennai. SJ(CO) km/9.7. Crl.O.P.No.6317 of 2007 https://hcservices.ecourts.gov.in/hcservices/