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Madras High CourtCRL RC/360/2017disposed of

Philip Mani Modayil, v. The Deputy Registrar Of

2017-03-03Honourable Mr Justice C. T. Selvam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.03.2017

CORAM:

THE HON'BLE MR.JUSTICE C.T. SELVAM Crl.R.C.Nos.360, 361, 362, 363, 364, 365, 366 and 367 of 2017 and Crl.M.P.Nos.3382, 3383, 3384, 3385, 3386, 3387, 3388 and Philip Mani Modayil Director of Church of South India Trust Association, Modayil House, Kanjikuzhy P.O.

Kottayam, Kerala - 683 004.

..Petitioner in Crl.R.C.No.360/17 Joy Mecdonald Richard Ex-Director of Church of South India Trust Association, 139, C.H.B.S. Layout, Vijayanagar, Bangalore, Karnataka - 560 040.

..Petitioner in Crl.R.C.No.361/17 Moses Jaya Kumar Ex-Director of Church of South India Trust Association, All Saints Church, No.1, Hosur Road, Bangalore, Karnataka - 560 025. ..Petitioner in Crl.R.C.No.362/17 Devasahayam Tsoudury Ex-Director of Church of South India Trust Association, 2-5-211, Nakkalagutta, Hanamkonda, Warangal, Andhra Pradesh - 506 001. ..Petitioner in Crl.R.C.No.363/17 Gladstone John Wilson Ex-Director of Church of South India Trust Association, LMS Compound, Trivandrum, Kerala - 695 033.

..Petitioner in Crl.R.C.No.364/17 Sathiadas Samuel Nadar Ex-Director of Church of South India Trust Association, 32/16, A, Kulasekaram Road, Marthandam Post, Kanyakumari, Tamil Nadu - 629 165. ..Petitioner in Crl.R.C.No.365/17

John Samuel Ex-Director of Church of South India Trust Association, HNO:11-23-111, L.B.Nagar, Warangal, Andhra Pradesh - 506 002.

..Petitioner in Crl.R.C.No.366/17 Vijay Kumar Dandin Ex-Director of Church of South India Trust Association, Sumitra Opp. Sai Mandir Courpa Lias Compound AIR Road, Dharwad, Karnataka - 580 008. ..Petitioner in Crl.R.C.No.367/17 Vs.

State The Deputy Registrar of Companies, Tamilnadu, having office at Shastri Bhavan, 26, Haddows Road, Chennai - 600 006.

.. Respondent in all revisions/ Complainant Criminal Revision Cases filed under Section 397 and 401 Cr.P.C. against the common order of learned Additional Chief Metropolitan Magistrate (E.O.II), Egmore, Chennai, passed in Crl.M.P.Nos.2191, 2192, 2193, 2194, 2195, 2196, 2197 and 2198 of 2016 in E.O.C.C.No.14 of 2014 on 16.11.2016.

For Petitioners : Mr.D.Prabhu Mukunth For Respondent : Mr.V.Venkatesan Senior Central Government Standing Counsel C O M M O N O R D E R These revisions arise against the common order of learned Additional Chief Metropolitan Magistrate (E.O.II), Egmore, Chennai, passed in Crl.M.P.Nos.2191, 2192, 2193, 2194, 2195, 2196, 2197 and 2198 of 2016 in E.O.C.C.No.14 of 2014 on 16.11.2016, dismissing petitions seeking recall of Non-bailable Warrants issued against petitioners.

2. Heard learned counsel for petitioners and learned Senior Central Government Standing Counsel.

3. On a perusal of the order under challenge, this Court is of the view that in the attendant facts, not much wrong can be found therein. However, it is considered appropriate to afford the petitioners one further opportunity subject to conditions. Accordingly, this Court directs each of the petitioners to

effect payment of a sum of Rs.1,000/- (Rupees One Thousand only) to the Tamil Nadu Mediation and Conciliation Centre attached to this Court within a period of one week from (*) the date of receipt of the Copy of this order. Upon production of proof of such payment, Court below is directed to recall the Non-bailable Warrants issued against petitioners without insisting on their appearance before it. Court below is further directed to deal with the case in E.O.C.C.No.14 of 2014 expeditiously. The Criminal Revision Cases are disposed of with the above direction. Connected miscellaneous petitions are closed. 03.03.2017 These revisions have been listed today under the caption "for being mentioned" at the instance of learned counsel for petitioners.

2. Learned counsel for petitioners submits that this Court, under orders dated 03.03.2017, directed each of the petitioners to effect payment of a sum of Rs.1,000/- (Rupees One Thousand only) to the Tamil Nadu Mediation and Conciliation Centre attached to this Court within a period of one week from the date of receipt of the order. However, in the order, it is mentioned that payment should be made within one week from today i.e., the date of order.

3. Considering the submissions made, this Court directs that in paragraph No.3 of the order dated 03.03.2017, the words "from today" shall be replaced with "from the date of receipt of the order".

Registry is directed to carry out necessary corrections and issue fresh order copy.

20.03.2017 (*)Sd/- Sd/- AR (V) Assistant Registrar True Copy Sub-Assistant Registrar (*) Corrected as per order dated.20.03.2017 in Crl.R.C.360 to 367/2017

gm To 1.The Additional Chief Metropolitan Magistrate (E.O.II), Egmore, Chennai 2.The The Deputy Registrar of Companies, To be substituted Tamilnadu, the order already having office at Shastri Bhavan, despatched on 26, Haddows Road, 08.03.2017 Chennai - 600 006.

3.The Public Prosecutor, High Court, Madras.

4.The Secretary Tamil Nadu Mediation and Conciliation Centre High Court Madras +2 cc to Mr.D.Prabhu Mukunth Advocate sr 17082 +1 cc to M/s.V.Venkatesan Advocate sr 13769 Crl.R.C.Nos.360, 361, 362, 363, 364, 365, 366 and 367 of 2017 rj(co) aa07/03/2017 MD: 22/03/2017