Madras High CourtCRL OP/18502/2013withdrawn dismissed

Mrs.Rekha v. Mr.Tejraj Kothari

2017-06-30Honourable Mr Justice C. T. Selvam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.06.2017

CORAM:

THE HON'BLE MR.JUSTICE C.T. SELVAM Crl.O.P.Nos.18502 to 18509 of 2013 and M.P.Nos.1 and 2 of 2013 Rekha W/o.Mr.S.Karunagaran, Managing Director, M/s.Olivilakku Foods (P) Ltd., No.5/188, Gopal Street, Madipakkam, Chennai - 600 091.

.. Petitioner in all Crl.O.P.'s Vs.

1. Tejraj Kothari, Proprietor M/s.Trakx, Rep by his Power of Attorney Mr.Ramesh, Having office at No.19, Strotten Muthia Mudalie Street, Chennai - 600 001.

.. Respondent in Crl.O.P.Nos.

18502 to 18504 of 2013

2. Vimala Kothari, Proprietor M/s.Royal Food Products, Rep by her Power of Attorney Mr.Ramesh, Having office at No.18-V, Strotten Muthia Mudalie Street, Chennai - 600 001.

.. Respondent in Crl.O.P.Nos.

18505 to 18509 of 2013 Prayer in Crl.O.P.No.18502 of 2013:

Criminal Original Petition filed under Section 482 of the Criminal Procedure Code praying to call for the records pertaining to proceedings in C.C.No.2597 of 2011 on the file of the VIII Metropolitan Magistrate Court, George Town, Chennai and quash the same.

Prayer in Crl.O.P.No.18503 of 2013:

Criminal Original Petition filed under Section 482 of the Criminal Procedure Code praying to call for the records pertaining to proceedings in C.C.No.2600 of 2011 on the file of

the VIII Metropolitan Magistrate Court, George Town, Chennai and quash the same.

Prayer in Crl.O.P.No.18504 of 2013:

Criminal Original Petition filed under Section 482 of the Criminal Procedure Code praying to call for the records pertaining to proceedings in C.C.No.2599 of 2011 on the file of the VIII Metropolitan Magistrate Court, George Town, Chennai and quash the same.

Prayer in Crl.O.P.No.18505 of 2013:

Criminal Original Petition filed under Section 482 of the Criminal Procedure Code praying to call for the records pertaining to proceedings in C.C.No.2942 of 2011 on the file of the VIII Metropolitan Magistrate Court, George Town, Chennai and quash the same.

Prayer in Crl.O.P.No.18506 of 2013:

Criminal Original Petition filed under Section 482 of the Criminal Procedure Code praying to call for the records pertaining to proceedings in C.C.No.2943 of 2011 on the file of the VIII Metropolitan Magistrate Court, George Town, Chennai and quash the same.

Prayer in Crl.O.P.No.18507 of 2013:

Criminal Original Petition filed under Section 482 of the Criminal Procedure Code praying to call for the records pertaining to proceedings in C.C.No.2940 of 2011 on the file of the VIII Metropolitan Magistrate Court, George Town, Chennai and quash the same.

Prayer in Crl.O.P.No.18508 of 2013:

Criminal Original Petition filed under Section 482 of the Criminal Procedure Code praying to call for the records pertaining to proceedings in C.C.No.2944 of 2011 on the file of the VIII Metropolitan Magistrate Court, George Town, Chennai and quash the same.

Prayer in Crl.O.P.No.18509 of 2013:

Criminal Original Petition filed under Section 482 of the Criminal Procedure Code praying to call for the records pertaining to proceedings in C.C.No.2598 of 2011 on the file of the VIII Metropolitan Magistrate Court, George Town, Chennai and quash the same.

For Petitioner : Mr. S.T.Raja for M/s.Om Sai Ram Associate For Respondents : Mr. R. Ganesh Kumar

COMMON ORDER Learned counsel for petitioner seeks permission of this Court to withdraw these petitions and has also made an endorsement to that effect.

2. Recording the said endorsement, these Criminal Original Petitions are dismissed as withdrawn. However, considering the facts and circumstances of the case and taking into consideration the submission made by the learned counsel for petitioner, this Court directs the Court below to dispense with the personal appearance of petitioner before it, upon her swearing to an affidavit informing her address for service, that she duly would be represented by her counsel on all hearing dates, that she would, at no instance, dispute her identity and that, she would appear before the trial court as and when required. Upon the petitioner doing so, the trial court may seek the presence of petitioner before it, solely on the important hearing dates. Since the complaints are of the year 2011, the trial court is directed to dispose of the cases within a period of three months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petitions are closed.

-s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar dn/rsi To

1. VIII Metropolitan Magistrate Court, George Town, Chennai +1 CC to Mr.R. Ganesh Kumar, advocate sr 45593 +1 CC to Mr.S.T. Raja, Advocate sr 45617 Crl.O.P.Nos.18502 to 18509 of 2013 SP(21/07/2017)