Madras High CourtCRL RC/1228/2017dismissed

M/S.R.A.Samy Trading Private v. M/S.Bhagawandas And Company

2021-07-26Honourable Mr Justice Rmt. Teekaa Raman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN Crl.R.C.No.1228 of 2017 and Crl.M.P.No.11781 of 2017 1.M/s.R.A.Samy Trading Private Limited, Represented by Thiru.R.A.Samy@R.Arumughasamy Director 2.R.A.Samy@R.Arumugasamy ... Petitioners .. Vs ..

M/s.Bhagawandas and Company, Represented by Thiru.R.Venkatraman ... Respondent Prayer :- Criminal Revision filed under Sections 397 of the Criminal Procedure Code, to call for the records in C.C.No.2703/2010 on the file of the Metropolitan Magistrate (Fast Track Court-IV), George Town, Chennai - 600 001 and set aside the order of the Metropolitan Magistrate (Fast Track Court-IV), George Town, Chennai-600 001 dated 27.04.2017 and direct him to permit the criminal revision petitioners/accused to examine Thiru.Murarilal Santholia, as their defence witness so as to enable them to disprove the case foisted against them by the complainant.

For Petitioners : No appearance For Respondent : No appearance

O R D E R

This criminal revision is filed against the order dismissing M.P.No.....of 2019 in C.C.No.2703/2010. The respondent/accused has filed the said M.P to issue summons to L.W.1 who is the Managing Partner of the complainant Company. The said C.C cannot be entertained because it has been filed by the complainant himself and hence the accused cannot compel the complainant to enter into the witness box, when the Company is duly represented by the authorized agent and also examined P.W.1 which is subject to cross-examine. Hence, I do not find any merits in this case.

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2. Accordingly, this Criminal Revision petition is dismissed. Consequently, connected Crl.M.P is closed. Sd/- Assistant Registrar (CS-VI) // True Copy // Sub Assistant Registrar nvi To

1. The Metropolitan Magistrate, Fast track court-IV, George Town, Chennai 600 001.

2. -do- through The Chief Metropolitan Magistrate, Egmore, Chennai-8.

3. The Section Officer, Criminal Section, High Court, Madras.

Crl.R.C.No.1228 of 2017 and Crl.M.P.No.11781 of 2017 GSM(CO) B.VC (25/08/2021) https://hcservices.ecourts.gov.in/hcservices/