Classic Spinning Mills Private Ltd., v. The State Of Ap.

THE HONOURABLE SRI JUSTICE RAJA ELANGO Crl.R.C.Nos.458, 459, 460, 461 and 462 of 2016 COMMON ORDER Since the common point is involved in all these revisions, they are being disposed of by this common order.

2. The petitioners/A1 to A4 in all the revisions are involved in several cases for the offences punishable under Sections 138 and 142-A of Negotiable Instruments Act, 1881. On 18.01.2016, A1 to A3 filed a petition u/s.317 Cr.P.C. before the trial Court in all the cases seeking to dispense with their personal attendance. While dispensing with their presence in all the cases, the trial Court directed them to appear before the Court on 10.02.2016 without fail as a last chance vide order dated 18.01.2016. Challenging the same, the petitioners filed all these revisions.

3. Heard and perused the material on record.

4. Learned counsel for the petitioners submitted that A1 is a company and A2 to A4 are its Directors and are residing in the State of Tamilnadu and therefore, they could not able to appear before the trial Court for each and every date of adjournment. He further submitted that as the cases are triable in summary way, one of the petitioners may be permitted to represent on behalf of all the accused.

5. Since the petitioners being a company and its Directors, there is no dispute with regard to their identity. Considering the facts and circumstances of the case and in view of the nature of allegations, this Court is of the view that one of the accused can

be permitted to represent on behalf of all the accused. In view of the same, the presence of the petitioners/A1 to A3 before the trial Court in all the cases is dispensed with, except on the date of their examination under Section 313 Cr.P.C. and also on the date of pronouncement of judgment in all the cases and they shall be represented by the 4th petitioner/A4 in all the cases.

6. Accordingly, all the Criminal Revision Cases are disposed of. Miscellaneous Petitions, if any, pending in these revisions shall stand closed.

__________________ RAJA ELANGO, J 9th February, 2016 sj