Gokulakannan, v. Cholamandalam Investment
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 23.04.2018
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.11999 of 2018 and Crl.M.P.Nos.6338 & 6339 of 2018 Gokulakannan ... Petitioner Vs Cholamandalam Investment and Finance Company represented by its Power of Attorney Agent Mr.Chakravarthy, 13 B, New No.31 B, second floor, Siddhaverappachetty Street, Dharmapuri Town, Dharmapuri District,Pin - 636 903. .. Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in connection with C.C.No.105 of 2017 pending on the file of the Judicial Magistrate FTCI (ML), Dharmapuri and quash the same. For Petitioner : Mr.K.Thiruvengadam For Respondent : Mrs.Kritika Kamal.P Govt. Advocate (Crl. Side)
ORDER
The learned counsel for the petitioner seeks permission of this Court to withdraw this petition and he has also made an endorsement to that effect. However, the learned counsel for the petitioner sought leave of this Court for dispensing with the personal appearance of the petitioner before the trial court.
2. Accepting his submission, the petitioner is directed to appear before the trial Court within a period of two weeks from the date of receipt of a copy of this order. On his appearance, he shall file a petition under Section 436(1) Cr.PC, for bail and the trial Court shall release him on bail on the same day, on he executing a bond for Rs.5,000/- with https://hcservices.ecourts.gov.in/hcservices/
two sureties. Thereafter, the petitioner shall appear before the trial Court for receiving the complaint, for questioning under Section 251 Cr.PC, at the time of questioning under Section 313 Cr.P.C. and at the time of passing judgment. For the other hearings, the petitioner shall file a petition before the trial Court under Section 317 Cr.PC., giving an undertaking that he will not dispute his identity and that the counsel named by him in the affidavit will cross-examine the prosecution witnesses on the day he is exained-in-chief, as held by the Supreme Court in Vinod Kumar vs. State of Punjab [2015(1) MLJ (Crl) 288], the trial Court may liberally consider the same. If the accused adopts any dilatory tactics, it is open to the trial Court to insist upon his presence and remand him to custody as laid down by the Supreme Court in State of Uttar Pradesh vs. Shambhu Nath Singh [JT 2001 (4) SC 319]. If the accused absconds, the trial Court shall direct registration of an FIR against him under Section 229-A IPC.
3. In view of the above endorsement made by the learned counsel for the petitioner, this petition is dismissed as withdrawn, with the above directions. Consequently, connected Miscellaneous Petitions are closed.
-sd/- Assistant Registrar True Copy Sub-Assistant Registrar To
1. The Judicial Magistrate FTCI (ML), Dharmapuri.
2. The Public Prosecutor High Court, Madras.
C.C. to M/S.K.Thiruvengadam Advocate SR.NO. 29884 Crl.OP No.11999 of 2018 and Crl.M.P.Nos.6338 & 6339 of 2018 MP (CO) VS 11.05.2018 https://hcservices.ecourts.gov.in/hcservices/