CRL OP/22518/2026 of M/s.Inspir-Ed Vs M/s.Navabrind ITSolutions Pvt ltd on 27 October 2026

ORDER

This Criminal Original Petition has been filed to quash the proceedings in C.C No.1091 of 2024 pending on the file of the District Munsif Cum Judicial Magistrate, Sholinganallur, for the offences punishable under Sections 138 and

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CRL OP No. 22518 of 2026

142 of Negotiable Instruments Act.

2. The petitioner is an accused in the complaint filed by the respondent/complainant for the offence punishable under Sections 138 and 142 of Negotiable Instruments Act, 1881. The allegation is that the accused availed the Innovative IT services and solutions from the complainant pursuant to a purchase order. After availing the services, an amount of Rs.6,37,275/-, remained outstanding, with the last payment having been made on 03.04.2024. Thereafter, the petitioner/accused requested the respondent/complainant to provide support for a further period of three months for the software developed pursuant to the purchase order. After negotiations, on 23.01.2024, the complainant sent an email quotation for Rs.20,00,000/- plus GST to provide the requested support. Accordingly, the complainant provided the services to the accused pursuant to the purchase order and raised invoices amounting to Rs.15,73,334/-. Therefore, there was a total due of Rs.22,10,609/-. In order to repay the outstanding dues, the accused issued two post-dated cheques bearing Nos.779608 dated 30.04.2024, for a sum of Rs.12,10,609/- and 779609 dated 15.05.2024, for a sum of Rs.10,00,000/-. When the complainant presented both cheques for collection through its banker, M/s.Axis Bank, Sholinganallur Branch, on 31.05.2024, for collection, they were returned unpaid with an endorsement “Payment Stopped by the Drawer”. Thereafter, upon issuance of a statutory legal notice to the accused, the respondent/complainant filed the

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CRL OP No. 22518 of 2026

complaint, which was taken cognizance by the trial Court.

3. The learned counsel appearing for the petitioner would submit that there was absolutely no amount was due from the accused to the complainant, as the entire amount had been settled. It is further submitted that, the cheques in question were not issued towards any legally enforceable debt or liability, but only as security. The complainant had misused the said cheques, and hence, the accused instructed the bank to stop payment. Therefore, no offence is made out under Section 138 of Negotiable Instruments Act, 1881.

4. On a perusal of the entire records, it is seen that the complainant has nowhere admitted that the entire dues were settled by the accused. Further, the complainant had raised invoices dated 22.02.2024, 08.03.2024 for a total sum of Rs.15,73,334/-. That apart, as per the four invoices dated 19.10.2023, 16.11.2023, 18.12.2023 and 12.02.2024, the accused had paid a sum of Rs.41,04,850/- and there was a balance of Rs.6,37,275/-. Therefore, in order to repay the entire dues to the tune of Rs.22,10,609/-, the accused issued two post- dated cheques. However, immediately the accused issued stop payment letter to their bank and both the cheques were returned unpaid with an endorsement “Payment Stopped by the Drawer”. Though the accused issued a reply notice upon receipt of the statutory notice, the contents of the reply notice do not constitute a rebuttal of the initial presumption arising in favour of the

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CRL OP No. 22518 of 2026

complainant. The learned counsel appearing for the petitioner has relied upon certain communications and other documents in support of the petitioner’s case. However, the said documents cannot be considered at this stage to quash the entire criminal proceedings, as they have to be tested before the trial Court by letting in evidence. In view of the aforesaid discussions, this Court finds no ground to quash the proceedings in C.C.No.1091 of 2024 pending before District Munsif Cum Judicial Magistrate, Sholinganallur.

5. Accordingly, this Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed. 26-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Uma

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CRL OP No. 22518 of 2026

To The District Munsif Cum Judicial Magistrate, Sholinganallur

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CRL OP No. 22518 of 2026

G.K.ILANTHIRAIYAN J. Uma CRL OP No. 22518 of 2026 and CRL MP No. 14927 of 2026 26-10-2026

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