Madras High CourtCRL OP/23643/2015allowed

Dr.T.Balaji v. M/S.K.P.Textiles (Coimbatore)

2017-09-07Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.09.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.Nos.23643 & 23644 of 2015

1. Dr. T.Balaji

2. K.V.Narayanan ... Petitioners in both Crl.O.Ps.

Vs 1.M/s. K.P.Textiles (Coimbatore) Pvt. Ltd., No.4/237, Caltonpet (PO), Sulur, Coimbatore - 641 401, Rep. by its Manager 2.M/s. Lakshmi Apparels and Wovens Ltd, Rep. by A.L.Ramachandran, Managing Director.

3.Mr. A.L.Ramachandra, Managing Director, M/s. Lakshmi Apparels and Wovens Ltd.

4.Mr. Mohan Nambiar, Director, M/s. Lakshmi Apparels and Wovens Ltd ... Respondents in both Crl.O.Ps.

Prayers : Criminal Original Petitions have been filed under Section 482 Cr.P.C. to quash the complaint dated February 2014 now

pending on the file of the Judicial Magistrate-III, Coimbatore in C.C.Nos.52 of 2014 & 85 of 2015 against the petitioners. For Petitioners :Mr. M. Aravind Subramaniam For Respondent-1 :Mr.Kalyanasundaram, Senior Counsel for Mr.R.Vasudevan COMMON ORDER These petitions have been filed seeking to quash the complaint in C.C.Nos.52 of 2014 & 85 of 2015 now pending on the file of the Judicial Magistrate-III, Coimbatore against the petitioners herein.

2.When the matter is taken up for hearing, learned Senior counsel appearing for the first respondent would fairly submit that this Court on earlier occasions had quashed the complaints on the ground that the petitioners herein had resigned from the Directorship of M/s.Lakshmi Apparels and Wovens Ltd., in the year 2010 and 2012 itself and the impugned cheques were issued by the first accused company only in the year 2013.

3. In view of the above fact, the prosecutions in C.C.Nos.52 & 85 of 2015 on the file of the learned Judicial Magistrate-III, Coimbatore, as against the petitioners alone are quashed and these petitions stand allowed.

07.09.2017 Index : Yes/No Website : Yes/No smi To, 1.The Judicial Magistrate-III, Coimbatore.

2.The Additional Public Prosecutor, High Court, Chennai.

M.S.RAMESH, J.

smi Crl.O.P.Nos.23643 & 23644 of 2015 07.09.2017