M/S.Mira Organics And Chemicals Private Limited, v. M/S.Jayaprakash Agencies
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Thirtieth day of December Two Thousand Nineteen PRESENT The Hon`ble Mr Justice G.R.SWAMINATHAN CRIMINAL MISCELLANEOUS PETITION No.19293 of 2019 in CRL.RC.NO.1526 OF 2019 1 M/S.MIRA ORGANICS AND CHEMIC [ PETITIONER ] ALS PRIVATE LIMITED,, REP BY ITS DIRECTOR P.VENKATESAN, 2 P.VENKATESAN DIRECTOR M/S.MIRA ORGANICS AND CHEMICAL PRIVATE LIMITED, Vs 1 M/S.JAYAPRAKASH AGENCIES [ RESPONDENT ] REP BY ITS PROPRIETOR D.JAYAPRAKASH, Petition praying that in the circumstances stated therein the High Court will be pleased to exempt the petitioners from surrendering before the lower court in pursuant to the judgment passed by the I Additional District and Sessions Judge, Tiruvallur, by its judgment in C.A.No.16/2018, dated 16.10.
2019 and as confirming the conviction and modified the sentenced imposed by the learned Fast track Magistrate, Tiruvallur by his judgment dated 27.12.2017 made in S.T.C.NO.52 OF 2016 Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.S.PANNEER SELVAN, Advocate for the petitioner , the court made the following order:- Petitioners, who stand convicted for an offence under Section 138 of the Negotiable Instruments Act, seek exemption from surrendering to custody as a pre condition for consideration of their bail application moved in the revision case preferred by them before this Court.
2. Considering the facts and circumstances of the case and the earlier decision of this Court in the case of Easwaramurthy Vs. N.Krishnaswamy (2006) CRI.L.J.4105 which in turn relied on the decision of the Apex Court in Bihari Prasad Singh Vs. State of Bihar (2000) SCC (Cri) 1380, this Court considers it appropriate to allow this petition as prayed for. Accordingly, the second petitioner shall not be required to surrender before the learned Judicial Magistrate, https://hcservices.ecourts.gov.in/hcservices/
Fast Track Court, Tiruvallur, as per judgment dated 16.10.2019 in C.A.No.16 of 2018, pending disposal of the main revision. -sd/- 30/12/2019 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 JUDICIAL MAGISTRATE, FAST TRACK COURT, TIRUVALLUR.
2 THE CHIEF JUDICIAL MAGISTRATE TIRUVALLUR. [FOR INFORMATION] 3 THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, THIRUVALLUR.
+1 C.C. to M/S.S.PANNEER SELVAN Advocate on payment of necessary charges SR.NO. 26722 Order in CRL MP.19293/2019 in CRL.RC.NO.1526 OF 2019 Date :30/12/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RD 10/01/2020 https://hcservices.ecourts.gov.in/hcservices/