Madras High CourtCRL OP/915/2021disposed of

Lakshmi Ranga Enterprises Pvt Ltd. v. Century Ply Boards (I) Limited

2021-01-25Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.01.2020

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.915 of 2021 and Crl.M.P Nos.576 and 578 of 2021 1.M/s.Lakshmi Ranga Enterprises Ltd., Rep.by its Director, Mr.Anbalagan 2.R.Anbalagan 3.Mrs.Shnathi Anbalagan, Director, M/s.Lakshmi Ranga Enterprises (P) Ltd., All re residing at No.52, (6/A), Big Street, Thiruvannamalai 606 601. ...Petitioners/Accused Vs.

M/s.Century Ply Boards (I) Limited, Represented by its Branch Commercial and Operations, Manager: Mr.S.K.Saravanan, No.2/1A, Sattanna Naicken Street, Choolai, Chennai 600 112.

...Respondent/Complainant

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to call for the records in C.C.No.2390 of 2015 (on the file of Metropolitan Magistrate (Fast Track-I) Egmore, quash the entire proceedings. For Petitioners : Mr.R.Muniyapparaj For Respondent : Mr.C.Raghavan, Government Advocate

ORDER

This petition has been filed seeking to quash the proceedings in C.C.No.2390 of 2015, on the file of Metropolitan Magistrate (Fast Track-I).

2. The grounds raised by the learned counsel for the petitioners are all factual in nature and it requires https://hcservices.ecourts.gov.in/hcservices/

appreciation of evidence and this Court cannot decide the same in exercise of its jurisdiction under Section 482 of Criminal Procedure Code. It is left open to the petitioners to raise all the grounds before the Court below and the same shall be considered on its own merits and in accordance with law. This Court is not inclined to interfere with the proceedings pending before the Court below.

3. The learned counsel for the petitioners requested this Court to dispense with the presence of the petitioners. Taking into consideration, the facts and circumstances of the case, the presence of the petitioners is dispensed with and they shall be represented by a counsel, who shall cross examine the witnesses on the same day, they are examined in Chief. The petitioners shall be present before the Court below at the time of questioning under Section 313 Cr.P.C., and at the time of passing of the final judgement.

4. Accordingly, this Criminal Original Petition is disposed of with a direction to the Court below to complete the proceedings in C.C.No.2390 of 2015, on the file of Metropolitan Magistrate (Fast Track-I) Egmore, within a period of three months from the date of receipt of a copy of this order. The trial shall be conducted on a day to day basis in accordance with the guidelines given by Hon'ble Supreme Court reported in Vinod Kumar Vs State of Punjab [2015 (1) MLJ (Crl) 288 SC]. If the petitioners adopts any dilatory tactics, it is open to the trial Court to insist upon the presence of the petitioners and remand them to custody as per the judgment of the Hon'ble Supreme Court in STATE OF UTTAR PRADESH VS. SHAMBHU NATH SINGH (JT 2001 (4) SC 3191).

Consequently, connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar KP To Metropolitan Magistrate Court (Fast Track-I), Egmore.

+1cc to Mr.R.Muniyapparaj, Advocate, S.R.No.3995 CRL.O.P No.915 of 2021 CA(CO) KKV/23/02/2021 https://hcservices.ecourts.gov.in/hcservices/