M/S.Kotak Mahindra Bank Limited v. M/S. Kfj Gold And Diamonds Private Limited,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.09.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH Crl.O.P.No.24518 of 2019 M/s.Kotak Mahindra Bank Limited having its Branch office at No.39, "Ceebros Centre", Montieth Road, Egmore, Chennai - 600008, Represented by its Chief Manager Mr.A.Senthilkumar.

...Petitioner

Vs

1. M/s.KFJ Gold and Diamonds Private Limited, Represented by its Managing Director & Authorised Signatory Mr.Sujith Cherian Having office at:

AC/3, 2nd Avenue, Anna Nagar, Chennai - 600040.

2. Mr.Sujith Cherian

3. Mr.Sunil Cherian

4. Mrs.Dhanya Sujith

5. Mrs.Aniamma Valsa Cherian

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Metropolitan Magistrate Fast Track IV Court, Chennai to number the unnumbered criminal complaint filed by the petitioner against M/s.Kerala Fashion Jewellery Gold and Diamonds Private Limited Company and its Directors on file, issue process and try in accordance with law. For Petitioner : Mrs.K.R.Ananda Gomathy

O R D E R

A complaint has been filed under the powers vested with the Bank through the Board Resolution empowering A.Senthil Kumar as the authorised representative of the complainant Bank and as https://hcservices.ecourts.gov.in/hcservices/

such, the Trial Court is not justified in seeking for production of the deed of power of attorney.

2. The petitioner herein is granted liberty to re-present the complaint forthwith, along with the extract of the Board Resolution. On receipt of any such representation, the learned Metropolitan Magistrate, Fast Tract Court-IV, Chennai is directed to take the complaint in SR.No.2015 of 2018 on file, if it is otherwise in order, within a period of 2 weeks from the date of representation of the complaint.

3. This Criminal Original Petition stands disposed of accordingly.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar hvk To

1. The Metropolitan Magistrate, Fast Track Court-IV, Chennai.

2. Do Thro The Chief Metropolitan Magistrate, Chennai.

3. The Public Prosecutor, High Court of Madras.

+1cc to Mrs.K.R.Ananda Gomathy, Advocate sr.78662 Crl.O.P.No.24518 of 2019 kk(co) nr 22/10/2019 https://hcservices.ecourts.gov.in/hcservices/