Leena Krishak v. M/S.Redington (India) Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29/6/2022 C O R A M THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Crl. O.P. No.9689 of 2022 a n d Crl.M.P.Nos.5682 and 5685 of 2022 Leena Krishak

...Petitioner / Accused No.3

Vs M/s.Redington (India) Ltd rep. By Mr.Sundararajan Senior Legal Executive SPL Guindy House 95 Mount Road, Guindy Chennai 600 032.

...Respondent / Complainant

PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in C.C.No.7200 of 2017, on the file of the Metropolitan Magistrate Fast Court V, Saidapet, Chennai and quash the same as against the petitioner/accused No.3.

For Petitioner ...

Mr.T.Vijayaraghavan For Respondent ...

No appearance

O R D E R

This Criminal Original Petition has been filed to quash C.C.No.7200 of 2017, on the file of the learned Metropolitan Magistrate Fast Court V, Saidapet, Chennai, as against the petitioner/accused No.3, for the offence punishable under Section 138 r/w. 141 of the Negotiable Instruments Act.

2. Heard Mr.T.Vijayaragavan, learned counsel for the petitioner and there is no representation on behalf of the respondent.

3. The learned counsel appearing for the petitioner submitted that the petitioner is not incharge of the Company and there is no specific overt act against the petitioner.

4. At the outset, I am unable to persuade to the arguments advanced by the learned counsel appearing for the petitioner, for the reason that there are averments to the effect that the petitioner has placed an order as if she is incharge of the affairs of the Company.

5. In such a view of the matter, whether the petitioner is incharge of the Company or not is a matter to be decided at the time of trial. Accordingly, this Criminal Original Petition is dismissed.

6. At this stage, the learned counsel appearing for the petitioner requested this Court to dispense with the presence of the petitioner. Taking into consideration, the facts and circumstances of the case, the presence of the petitioner before the Trial Court is dispensed with, except for receipt of copies, answering the charges, questioning under Section 313 Cr.P.C., or on any other date as may be required by the trial Court. They shall be represented by a counsel, who shall cross examine the witnesses on the same day, when they are examined in Chief. Consequently, connected Criminal Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar mvs.

To

1. The Metropolitan Magistrate Fast Court V, Saidapet, Chennai.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.T.Vijayaraghavan, Advocate, S.R.No.40918 Crl. O.P. No.9689 of 2022 KK[co] NSK/13/07/2022