Madras High CourtCRL OP/22080/2016dismissed as withdrawal

M/S.Pinaka Roofing v. M/S.Sreevaas Roofing Pvt.Ltd

2022-01-24Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.01.2022

CORAM:

THE HON'BLE MR.JUSTICE V. BHARATHIDASAN CRL.O.P.NO.22080 OF 2016 AND CRL.M.P.NOS.10249 & 10250 OF 2016 1.M/s.Pinaka Roofing, rep. by its Managing Partner, 2.V.Vipinial, Managing Partner - M/s. Pinaka Roofing 3.V.Varunlal, Partner - M/s.Pinaka Roofing

...Petitioners

Versus

M/s. Sreevaas Roofing Pvt. Ltd.

rep. by its Authorised Signatory K.M.Philip

...Respondent

PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records vide C.C.No.195 of 2016 on the file of Metropolitan Magistrate No.18, Saidapet, Chennai and to quash the same as against the petitioners.

For Petitioners :

Mr.S.Makesh For Respondents :

Mr.D.R.Sivakumar

ORDER

(This case has been heard through video conference) Today, when the matter taken up for hearing, after advancing arguments, Mr.S.Makesh, learned counsel appearing for the petitioners, on instructions, would submit the petitioners wanted to withdraw this Criminal Original Petition with liberty to raise all the defence available for them before the trial court.

2. Considering his request, this Criminal Original Petition is dismissed as withdrawn with liberty to the petitioners to https://hcservices.ecourts.gov.in/hcservices/

raise all the defence available to them before the trial court. Consequently, connected Criminal Miscellaneous Petitions are closed.

3. The learned counsel appearing for petitioners would further submit that the petitioners are in Kerala and due to pandemic, they are not in a position to appear before the trial court on every hearing. Hence, their appearance may be dispensed with and they are ready and willing to appear as and when required.

4. Considering his submissions, the petitioners are directed to appear before the trial court as and when their presence required and they need not appear on all hearings. Considering the fact that the criminal case is pending from the year 2016, the Trial Court is directed to proceed with the trial and dispose the case within a period of three months from the date of Courts resume normal functioning.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar rpp To The Metropolitan Magistrate No.18, Saidapet, Chennai.

+1cc to Mr.S.D.Ramalingam, Advocate Sr.No.3900 CRL.O.P.No.22080 of 2016 KG(CO) RVM(15/02/2022) https://hcservices.ecourts.gov.in/hcservices/