Chennai: The Madras high court has stayed all further proceedings against SRM Chancellor T.R. Pachamuthu alias Paari Vendhar, pending before the VI Metropolitan Magistrate, George Town, in connection with a cheque bounce case.
Justice S.Vimala, who granted the stay on a petition from Pachamuthu, also dispensed with his personal appearance before the trial court and ordered notice, returnable by six weeks to the complainant S. Mukundchand Bothra, a film financier.
Petitioner’s counsel B.Saraswathi submitted that in his complaint, Mukundchand Bothra, claimed that Madan of Vendar Movies Production had borrowed '7.50 crore from him and issued two cheques for '2.60 crore as a part repayment and when the cheques were presented for payment, they were returned unpaid with an endorsement “Instrument outdated/stale”.
He had alleged that the petitioner was a partner in the firm and on his direction Madan issued the cheques assuring to clear the liability.
He had further alleged that some portions of the amount borrowed were transferred to the petitioner for reserving the medical seats in the SRM college.
The VI MM, George Town took cognizance of the complaint and ordered issuance of summons to the petitioner and posted the matter to May 30.
The petitioner was never a partner in Vendhar Movies Production. He had no connection with the firm at any point of time.
He has not signed any partnership deed or other documents in connection with the firm either independently or collectively with the other accused. He had not met the complainant.
The allegations made against the petitioner were vague and bald.
Moreover, the reason for the return of the cheques connotes that they have not been presented within the period of validity.
Therefore, the prosecution was not maintainable. The magistrate had not applied his mind before taking cognizance of the complaint and issuing summons, Saraswathi added.
