Seshu Onfle Infotech Pvt Ltd v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2022

CORAM

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN and Crl.M.P.Nos.18934 of 2022

1. M/s. Seshu Onfle Infotech Pvt Ltd., Represented by its Director Mr.S.Sudharsan, Plot No.24/15, 1st Floor, Arul Jothi Street, Puzhuthivakkam, Madipakkam, Kanchipuram District.

2. S.Sudharsan, S/o. Seshagiri Rao, Plot No.24/15, 1t Floor, Arul Jothi Street, Puzhuthivakkam, Madipakkam, Kanchipuram District.

3. R.Seshagiri Rao.

4. S.Deepa

...Petitioners

/vs/ State rep. By The Deputy Superintendent of Police, E.O.W -II, Coimbatore, Coimbatore District.

Crime No.4 of 2010 ...Respondent

Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C. to call for the records relating the order passed in Cr.M.P.No.1990 of 2022 in C.C.No.15 of 2015 dated 08.11.2022 by the learned Special Judge, Special Court Under TNPID Act, Coimbatore set aside the same. For Petitioners ... Mr. A.Saranraj For Respondent ... Mr.S.Santhosh Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to call for the records relating the order passed in Cr.M.P.No.1990 of 2022 in C.C.No.15 of 2015 dated 08.11.2022 by the learned Special Judge, Special Court Under TNPID Act, Coimbatore set aside the same.

2. The learned counsel for the petitioner submitted that the examination of the Registrar of the company is necessary to show that PW9 (Mohammed Kasim and his Wife Sameena Begam) are Directors of "Realway Investments and Forex Trading India Limited" and they received a sum of Rs.30 crores.

3. This Court on going through the records found that the petitioner has not given any specific reason to summon the Registrar of the Company. Mohammed Kasim and his Wife were neither accused not witnesses in this case. It is also not explained by the learned counsel for the petitioners as to whether the "Realway Investments and Forex Trading India Limited" and its Directors are relevant to this case. No explanation was given for the necessity of examination of Registrar of Companies. Thus, this Court is of the view that the Registrar of the Companies need not be summoned.

4. Accordingly, this Criminal Original petition is dismissed. Consequently, connected miscellaneous petition is closed. 15.12.2022 Index: Yes/No Internet: Yes/No Speaking/Non speaking order sma

G.CHANDRASEKHARAN, J.

sma To

1. The Deputy Superintendent of Police, E.O.W -II, Coimbatore, Coimbatore District.

2.The Public Prosecutor, High Court, Madras.

15.12.2022