Madras High CourtCRL MP/13188/2021dismissed as infructuous

Vip Housing And Properties, v. Arihant Investments Rep By

2021-12-10Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Tenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mr Justice N. SATHISH KUMAR CRIMINAL MISCELLANEOUS PETITION No.13188 of 2021 IN CRL OP.15889/2017 1 VIP HOUSING AND PROPERTIES, [ PETITIONERS ] 2 KISHORE JANAKIRAMAN 3 SALEM CHINRAJ PARVATHI DHANAPAL Vs ARIHANT INVESTMENTS REP BY ITS [ RESPONDENT ] PARTNER, MR.KAMAL CHAND JAIN, SOWCARPET, CHENNAI-600 079.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to modify the order in Crl.O.P.No.15889/2017 and pass such further or other orders , as this Honourable Court may deem fit and proper in the circumstances of the case.

Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.J.ABISHEK, Advocate for the petitioner and of MR.M.ARUNKUMAR, Advocate for M/S.SAMPATH KUMAR & ASSOCIATES, Advocate on behalf of the Respondent, the court made the following order:- This application has been filed to modify the order of this Court dated 09.11.2021 made in the aforesaid Criminal Original Petition directing the accused to appear before the trial Court.

2. It is submitted by the learned counsel for the petitioners that the original Calendar Case itself has been withdrawn by the respondent herein/defacto complainant before the trial Court. The order dated 22.12.2017 passed by the learned XV Metropolitan Magistrate, George Town, Chennai has also been produced before this https://hcservices.ecourts.gov.in/hcservices/

Court. The same will indicate that the case in C.C.No.2049 of 2017 has been dismissed as withdrawn.

3. In such view of the matter, nothing survives for adjudication in the present application and the same is dismissed as infructuous. The order passed by this Court on 09.11.2021 in the above Criminal Original Petition is recalled.

-sd/- 10/12/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE METROPOLITAN MAGISTRATE, NO.XV, GEORGE TOWN, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] C.C. to M/S.A.JENASENAN Advocate on payment of necessary charges Order in CRL MP.13188/2021 in CRL OP.15889/2017 Date :10/12/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-15/12/2021 https://hcservices.ecourts.gov.in/hcservices/