M/S.P.V.S.Textiles Private v. M/S.Sri Lakshmi Mills

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.11.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.Nos.15463 and 15464 of 2017

1. M/s P.V.S.Textiles Private Limited, represented by its Managing Director V.D.Raamkumar Pethanaickenpalayam, Pongalur Post, Avinasi Tk, Via Punjai Puliyampatti Coimbatore District-638 459

2. V.D.Raamkumar ... Petitioners -VsM/s Sri Lakshmi Mills represented by partner, Kishore M.Sethia 223-Q, Royalecastle Apartment, East Sambandam Road, Coimbatore-641 002.

... Respondent Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the records relating to C.C.No.140 of 2014 on the file of Fast Track Court No.VII at Coimbatore and quash the same.

For Petitioners : Mr.R.Bharath Kumar For Respondent : Mr.K.Balasubramaniam

ORDER

This Criminal Original Petition has been filed calling for the records in C.C.No.140 of 2014 on the file of Fast Track Court No.VII at Coimbatore and to quash the same.

2. The learned counsel for the respondent would submit that the petitioners had wrongly mentioned the C.C.No.140 of 2014 instead of C.C.No.107 of 2016. The accused was absent before the Trial Court on 15.09.2016. Therefore, the Trial Court had issued bailable warrant as against the accused. Suppressing the said fact, the petitioners had approached this Court to quash the proceedings in C.C.No.140 of 2014, on the file of Fast Track Court No.VII at Coimbatore and obtained order of interim stay and dispense with the personal appearance before the Trial Court.

3. When the Bailable Warrant is pending as against the accused, even before approaching this Court, the accused is not entitled for any relief.

4. Therefore, this Court is not inclined to quash the proceedings C.C.No.140 of 2014, on the file of Fast Track Court No.VII at Coimbatore. Accordingly, this Criminal Original Petition is dismissed. Consequently,

connected Miscellaneous Petitions are closed. 08.11.2023 (2/3) Internet: Yes Index : Yes/No Speaking/Non Speaking order mn To The Fast Track Court No.VII at Coimbatore.

G.K.ILANTHIRAIYAN. J,

mn and Crl.M.P.Nos.15463 and 15464 of 2017 08.11.2023