Ashok Kumar v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :11.08.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.1993 of 2015 Mrs.M.P.Parameswari, Director, Calaxy Amaze Kingdom Limited, Galaxy House, Aishwarya Garden Campus, New No.14, Old.No.9C, Main Street, Venugopal Nagar, Thirumullaivoyal, Chennai 600 062.

..Petitioner /vs/ Sri Hariram Agency, Rep.by its Partner Mr.G.Ravindranatan, No.5A, West 2nd Cross Street, Amaravathy Nagar, Arumbakkam, Chennai 600 106.

..Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to call for the records relating to C.C.No.1566 of 2012 on the file of Fast Track Court, Egmore, Chennai and quash the same in so far as relates to the petitioner concerned. For Petitioner :Mr.S.Arivazhagan For Respondents :Mr.C.Emalias Additional Public Prosecutor -----

ORDER

On reading of the complaint, it is seen that the first accused in the case is an incorporated Company and the impugned cheque has been issued by the first accused Company, signed by the second accused. 2.Mr.S.Arivazhagan, learned counsel appearing for the petitioner submitted that the petitioner herein is the fifth accused and that there are no allegations against her in the complaint. 3.On a perusal of the complaint, the complainant has stated that the fifth accused, who is the Director in the company was in-charge and responsible for the conduct of the business of the Company. In the light of these averments, this Court cannot go into the disputed allegations of facts at this stage. Hence, this petition is closed with liberty to the petitioner to raise all the points before the trial Court.

Since the petitioner is a lady, her presence before the trial Court is dispensed with except for receiving the copies; for questioning on the substance of the accusation; during Section 313 Cr.P.C. examination and on the date of judgment.

Advocate will cross examine the witnesses even in the absence of the petitioner without adopting dilatory tactics. 4.With the above observations, this criminal original petition is closed. Consequently, connected Miscellaneous Petitions are closed. 11.08.2015 ari To The Fast Track Court, Egmore.

P.N.PRAKASH,J, ari Crl.OP.No.19993 of 2015 11.08.2015