Madras High CourtCRL OP/23001/2015ordered

K.Athikesavan v. M/S.Goodwill International

2015-11-02Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.10.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP. Nos.23001 to 23004 of 2015 and M.P.Nos.1 to 1 of 2015 K.Athikesavan .. Petitioner/Accused in all Crl.OPs.

Vs M/s Goodwill International National Oxygen Ltd., group of companies rep by its Authorised signatory P.Elamvazhuthy No.2 Pondy Main Road Pudhu Nagar Thiruvandar Koil Puducherry 605 102.

.. Respondent/Complainant in all Crl.OPs.

Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records and set aside the order dated 20.07.2015 rendered in Crl.M.P.No.1081, 1079, 1080 & 1155 of 2015 in STR No.2017, 2016, 1926 & 397 of 2012 by the Judicial Magistrate-I, Puducherry and allow the recall petition filed by the petitioner. For Petitioner : Mr.S.Raveekumar

ORDER

This petition has been filed to call for the records and set aside the order dated 20.07.2015 rendered in Crl.M.P.No.1081 of 2015 in STR No.2017 of 2012 by the Judicial Magistrate-I, Puducherry and allow the recall petition filed by the petitioner.

2. Heard the learned counsel for the petitioner.

3. Without going into the merits of this case, this Court directs the petitioner to pay Rs.5,000/- for each case [thus total amounting to Rs.20,000/- for four cases] to the complainant/P.W.1 and on such payment, the petitioner should cross examine the complainant/P.W.1 on 30.10.2015. If the petitioner adopts any dilatory tactics, the Magistrate is at liberty to remand him to custody in the light of the judgment in State of Uttar Pradesh v. Shambhu Nath Singh [JT 2001 (4) SC 319]. The petitioner is directed to execute a bond under Section 88 Cr.P.C. for a sum of Rs.10,000/- with two sureties each in each of the cases undertaking that he will co-operate in the trial.

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With the above direction, this petition is closed. Consequently, connected miscellaneous petition is closed. Post on 02.11.2015 "For Reporting Compliance." gms Sd/- Assistant Registrar (CO) /True Copy/ Sub-Assistant Registrar To

1. The Judicial Magistrate-I, Puducherry.

2. The Chief Judicial Magistrate, Puducherry

3. The Public Prosecutor, High Court, Madras.

+4 C.C. to MR.S.Raveekumar, Advocate in Sr.No.57881 Crl.OP Nos.23001 to 23004 of 2015 GM(CO) sd : 26/10/2015 https://hcservices.ecourts.gov.in/hcservices/