Ore Holding Ltd v. C.G. Holdings Ltd
Crl.M.P.No.10592 of 2024 in Crl.O.P.No.23682 of 2023 Crl.M.P.No.10595 of 2024 in Crl.O.P.No.22369 of 2023 Crl.M.P.No.10593 of 2024 in Crl.O.P.No.23692 of 2023 Crl.M.P.No.10594 of 2024 in Crl.O.P.No.23694 of 2023 Crl.M.P.No.10596 of 2024 in Crl.O.P.No.23681 of 2023 Crl.M.P.No.10597 of 2024 in Crl.O.P.No.23674 of 2023 Crl.M.P.No.17443 of 2024 in Crl.O.P.No.22369 of 2023 Crl.M.P.No.17444 of 2024 in Crl.O.P.No.23674 of 2023 Crl.M.P.No.17445 of 2024 in Crl.O.P.No.23681 of 2023 Crl.M.P.No.17446 of 2024 in Crl.O.P.No.23682 of 2023 Crl.M.P.No.17447 of 2024 in Crl.O.P.No.23692 of 2023 Crl.M.P.No.17448 of 2024 in Crl.O.P.No.23694 of 2023 P.VELMURUGAN, J The criminal miscellaneous petitions have been filed to implead the petitioners as one of the respondents in the criminal original petitions.
2. The learned counsel for the petitioners submitted that the petitioners are the real victims. The present original petitions have been filed to quash the CC.No.20 of 2020 pending on the file of the Additional Special Court for Trial of Cases related to members of Parliament and members of Legislative assembly of Tamil Nadu, by recording compromise entered into between the defacto complainant and the accused company. The said C.C cannot be quashed without the consent of the real victims. The petitioners are necessary parties and they have to be heard before passing the order in the criminal original petitions.
3. The learned counsel for the respondent/accused company submitted that already the case against the new directors /accused were quashed. As far as the company is concerned, the C.C is pending. At the relevant point of time, the petitioners are neither directors nor the shareholders of the company. Since the parties had already entered into a compromise C.C.s which are pending are to be heard and quashed.
4. Heard the learned counsel on either side and perused the materials available on record.
5. Admittedly, some of accused filed quash petitions and the same were allowed. Now the Company is the only accused. At this stage, the said company entered into compromise with the petitioners. Further, the petitioners are also shareholders once upon a time, however ,they are not directors at the relevant point of time.
6. Pending O.P now the petitioners come forward with the present petitions for impleading themselves as party and to give opportunity to them to make their submissions. On a reading of allegations, it is found that forgery of
document is involvled in the matter. However, that can be decided only by the trial court by conducting trial. The question to be decided in the above petitions is as to whether the petitioners have to be impleaded or not. Since the petitioners are also shareholders of the respondent/company, they are proper and necessary parties to be heard. Hence, all the Criminal Miscellaneious petitions are allowed.
7. Registry is directed to carry out necessary amendment and list all criminal original petitions on 02.01.2025.
06.12.2024 mfa
P.VELMURUGAN, J mfa Crl.M.P.No.10592 of 2024 in Crl.O.P.No.23682 of 2023 Crl.M.P.No.10595 of 2024 in Crl.O.P.No.22369 of 2023 Crl.M.P.No.10593 of 2024 in Crl.O.P.No.23692 of 2023 Crl.M.P.No.10594 of 2024 in Crl.O.P.No.23694 of 2023 Crl.M.P.No.10596 of 2024 in Crl.O.P.No.23681 of 2023 Crl.M.P.No.10597 of 2024 in Crl.O.P.No.23674 of 2023 Crl.M.P.No.17443 of 2024 in Crl.O.P.No.22369 of 2023 Crl.M.P.No.17444 of 2024 in Crl.O.P.No.23674 of 2023 Crl.M.P.No.17445 of 2024 in Crl.O.P.No.23681 of 2023 Crl.M.P.No.17446 of 2024 in Crl.O.P.No.23682 of 2023 Crl.M.P.No.17447 of 2024 in Crl.O.P.No.23692 of 2023 Crl.M.P.No.17448 of 2024 in Crl.O.P.No.23694 of 2023 06.12.2024