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2021 (10) TMI 1024 - MADRAS HIGH COURTDishonor of Cheque - insufficiency of funds - cheque issued by the petitioner or not - role played in the transaction with the defacto-complainant/respondent - offence punishable under Section 138 of the Negotiable Instrument Act - HELD THAT:- In the disposition of the dispute, the arbitrators shall be governed by the express terms of this agreement and otherwise by the laws of the State of (specify) which shall be govern the interpretation of the Agreement. The decision of the arbitrators shall be final and conclusive on the parties and shall be a bar to any suit, action or proceeding instituted in any court or before any administrative tribunal. Notwithstanding the foregoing, judgment on any award by the arbitrators may be entered in any court of competent jurisdiction. This arbitration provision shall survive any expiration or termination of the agreement. While perusing the records, it could be seen that the defacto complainant was working as an employee in the said Company and 2nd accused Mr. Saravanan General Manager of the firm in his personal capacity issued a cheque for liability as the arrears of salary to be paid to the defacto-complainant but the case under Section 138 of N.I. Act was filed against VT Manpower Consultancy Services Private Limited. - It could also be seen that there are allegations and counter allegations against each parties and as per clause 19 (Arbitration) of the Agreement of Employment of VT Manpower Consultancy Services Private Limited, the parties expressly agree that all disputes or controversies arising out of this agreement, its performance, or the alleged breach thereof, if not disposed of by agreement, shall be resolved by arbitration in accordance with this section. Either party must demand such arbitration only within three (3) months after the controversy arises by sending a notice of demand to arbitrate under the Indian Arbitration and Conciliation Act, 1996, to the other party. This Court cannot have a roving enquiry in this matter and as per the order of the Hon'ble Supreme Court where guidelines were issued for quashing the FIR, this case would not fall under the guidelines issued and this Court is of the view that the petitioner's claim to quash the C.C. No. 4965 of 2014 on the file of the III-FTC, Saidapet, Chennai, cannot be accepted and all the aspects regarding employment and other aspects have to be decided only before the trial Court. This Court is not inclined to quash the proceedings - petition dismissed.
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