Vasantha v. C.S.C. Trust

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.01.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.R.C.No.6 of 2016 And Crl.M.P.Nos.215 and 216 of 2016 Vasantha ... Petitioner Vs.

C.S.C.Trust, rep. by its Trustee Ramdas S.Iyer 38 Ist Floor Second Line Beach Chennai-1 ... Respondent Prayer:

Petition filed under section 397 and 401 of Cr.P.C. praying to call for the records pertaining to the order dated 14.12.2015 and made in Crl.M.P.No.966 of 2015 in C.C.No.1288 of 2015 on the file of the VII Metropolitan Magistrate Court, George Town, Chennai and set aside the same.

For Petitioner : Mr.Venkataswamy Babu For Respondent : Mr.V.Bhiman for M/s.Sampath Kumar

O R D E R

This revision challenges the order of the learned VII Metropolitan Magistrate, George Town, Chennai, passed in Crl.M.P.No.966 of 2015 in C.C.No.1288 of 2015 on 14.12.2015. 2.Crl.M.P.No.966 of 2015 was a petition moved by the petitioner/ accused in a case complaining of offence punishable under Section 138 of the Negotiable Instruments Act, seeking that her appearance be dispensed with.

3.This petitioner, a lady aged about 73 years, has been arrayed as accused in her capacity as Director of the first accused Company by name M/s.Chennai School of Ship Management Private Limited. Against the dismissal of such petition, the petitioner has moved this Court with the revision.

4.Heard learned counsel for petitioner and learned counsel for the respondent.

5.Learned counsel for petitioner would refer to the typed set of papers and plead that the petitioner who is a lady aged about 73 years has undergone byepass surgery and suffers from various ailments including kidney ailments, also is bedridden and is under continuous medication. He also placed records before this Court and submitted that the order of the Court below does grave injustice to the petitioner. He prays for appropriate orders.

6.Learned counsel for respondent submitted that the petitioner had not appeared before the Trial Court and that an accused who is summoned must appear before the Trial Court towards enabling it to comply with the procedure under Section 208 of Cr.P.C.

7.This Court is of the considered view that a practical and pragmatic view must be taken keeping in mind the attendant facts and circumstances of a particular case. Admittedly, the petitioner is a 73 years old lady and she is arrayed as an accused only in her capacity as a Director of Company which came to issue the cheque.

8.Considering the rival submissions, this Court is of the view that the interests of justice will be secured if the presence of the petitioner before the Court below is dispensed with except on important hearing dates. This Court is of the view that the procedure under Section 208 of Cr.P.C. can also be complied with in the absence of the petitioner. 9.Accordingly, the petitioner shall be required to file an affidavit stating:

(i)that the procedure under Section 208 of Cr.P.C. may be complied with by handing over of the necessary documents to her counsel;

(ii)that the petitioner will be represented by counsel on all hearing dates;

(iii)that the petitioner will in no event deny her identity;

(iv)that the petitioner will appear before the Trial Court as and when specifically required.

10.Upon the petitioner complying with the above, the Court below viz., the VII Metropolitan Magistrate Court, George Town, Chennai shall dispense with her presence and shall require the presence of the petitioner before it only as and when found absolutely necessary. Such requirement may be informed to the counsel for the petitioner on record before it and the fact of being informed so may be noted in the Court record. Further,

the VII Metropolitan Magistrate Court, George Town, Chennai is directed to dispose of the C.C.No.1288 of 2015 as expeditiously as possible, preferably within a period of four months from the date of receipt of a copy of this order.

11.This Criminal Revision is disposed of accordingly. Consequently, the connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar pri To 1.The VII Metropolitan Magistrate Court, George Town, Chennai.

2. -do- Thro The Chief Metropolitan Magistrate, Egmore, Chennai.

+ 1 cc to M/s. Venkataswamy Babu, Advocate sR.4587 + 1 cc to M/s. Sampathkumar Advocate sr.4652 Crl.R.C.No.6 of 2016 And Crl.M.P.Nos.215 and MG(CO) Eu 03.03.16