H.Vikkrama v. Sri Sairam Pharma Distributor

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.12.2016

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.Nos.22569 and 22570 of 2015 and M.P.Nos.1 and 1 of 2016 1.H.Vikkrama 2.Vidhyalatha ... Petitioners in both OPs.

vs.

1.Sri Sairam Pharama Distributor Rep. By its Partner, Mr.S.Vijayakumar.

2.The Official Liquidator, High Court Madras. (As Liquidator of M/s.Triumph Formulations Private Ltd., in liquidation) ... Respondents in both OPs. Prayer: Criminal Original Petitions filed under Section 482 of the Code of Criminal Procedure, praying to call for the records connected with the complaint in C.C.Nos.5009 and 5010 of 2013 on the file of Fast Track Court No.II, Saidapet, Chennai and quash the same.

For Petitioners : Mr.K.Jayaraman For Respondents : Mr.K.Balaji for R-1 * * * * *

O R D E R

By an order dated 16.10.2016, this Court declined to grant any order in favour of the Managing Director of the Company, who has been arrayed as A-2 in the complaint. As far as A-3 is concerned, this Court opined that she was only a Director and there are no materials in the complaint to show that she was incharge of and responsible for the affairs of the company at that stage when the impugned cheques were issued. By observing so, this court dispensed with the personal appearance of A-3, dismissed the original petition as against the first petitioner / A-2 and also dismissed the stay petition, while ordering notice to A-3.

2.Learned counsel for the petitioners has, thus, made a request to this Court that the trial in the case may be directed to proceed and be concluded within a stipulated period of time. https://hcservices.ecourts.gov.in/hcservices/

3.Considering the facts and circumstances of the case, this Court is inclined to direct the trial Court to get along with the trial and dispose of the same as expeditiously as possible, preferably not later than six (6) months from the date of receipt of a copy of this order, since the C.C. is of the year 2013. All other legal claims can be placed by either of the parties before the trial Court for consideration. 4.With the above directions, this Criminal Original Petition is disposed of.

Sd/- Asst.Registrar (CS VII ) /true copy/ Sub Asst. Registrar To 1.The Fast Track Court No.III, Saidapet, Chennai.

2.The Official Liquidator, High Court,Madras.

3.The Public Prosecutor, High Court of Madras, Chennai - 600 104.

+2 cc to Mr.K.Balaji,advocate,sr.76199, 76198 sk(co) krd 18/1 CRL.O.P. Nos.22469 and 22570 of 2015 https://hcservices.ecourts.gov.in/hcservices/