M/S.India Cements Capital Ltd v. Ravishankar Films Pvt Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.03.2015

CORAM

THE HONOURABLE MR.JUSTICE S.MANIKUMAR CRL.R.C.No.239 of 2015 M/s.India Cements Capital Limited Formerly known as M/s.India Cements Capital & Finance Limited which was previously known as M/s.Aruna Sugars Finance Limited, No.38, Sterling Road, Chennai-600 034.

Registered and current Administrative office, Dhun Building, III and IV Floor, No.827, Anna Salai, Chennai-600 002.

... Petitioner vs.

1.Ravishankar Films Private Limited, (Now known as Ravishankar Industries Private Limited and rep. By its Director, Mr.Akkineni Manohar Prasad, Registered Office at Old No.2, New No.3, Sarangapani Street, T.Nagar,Chennai-600 017.

2.Mr.Akkineni Manohar Prasad, Director, Ravishankar Films Private Limited, (Now known as Ravishankar Industries Private Limited, Old No.2, New No.3, Sarangapani Street, T.Nagar,Chennai-600 017.

also at New No.30, Old No.60, III Main Road, Gandhi Nagar, Adyar, Chennai-600 020.

3.Mr.Komma Reddy Tarun Kumar, Director, Ravishankar Films Private Limited, (Now known as Ravishankar Industries Private Limited, No.12/14, Taylor Estate I Street, Kodambakkam,

Chennai-600 024.

also at Old No.2, New No.3, Sarangapani Street, T.Nagar, Chennai-600 017.

... Respondents PRAYER: Criminal Revision Case filed under Sections 397 and 401 of Criminal Procedure Code to set aside the order dated 06.02.2015 passed by the learned XIV Metropolitan Magistrate, Egmore, Chennai and to direct the above Court to consider the complaint in accordance with law.

For Petitioner :

Mr.M.Aravind Subramaniam

JUDGMENT

Revision petition is filed against an endorsement dated, 06.02.2015 made in the private complaint and that the same is extracted hereunder:

"06.02.2015:

Complainant present. Records perused. On perusal of records it reveals (1)this matter is purely civil dispute / civil / business transaction.

2.List of documents enclosed. But, no documents were filed.

3.Regarding the subject matter already the Hon'ble High Court, by its order dated 26.11.2013 decided. Then how this petition is maintainable.

Hence returned."

2.What is impugned in this revision case is the endorsement of the learned XIV Metropolitan Magistrate, Egmore, Chennai, while returning of the complaint, for the reasons stated supra. Maintainability has been alleged. It is always open to the petitioner to represent the complaint, rectifying the defects as pointed out. For the reasons stated, the present revision petition is not maintainable.

3.Registry is directed to return the original complaint made by M/s.India Cements Capital Limited along with the endorsement to the petitioner, after obtaining an attested copy of the same from the learned counsel for the petitioner.

The Criminal Revision Case is dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mps To The XIV Metropolitan Magistrate, Egmore, Chennai.

1 cc to Mr. M.Aravind Subramaniam,Advocate, SR.No.16165 CRL.R.C.No.239 of 2015 ev(co) pmk.24.3.2015