← Library
Madras High CourtCRL OP/30408/2018disposed of

M/S.Ramaraj Trading Company P.Ltd v. State Rep.By

2019-01-08Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2019

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI,J.

Crl.O.P.Nos.30408 & 30413 of 2018 and Crl.M.P.Nos.17914 & 17915 of 2018 1.M/s.Ramaraj Trading Company P. Ltd., Rep. by its Mr.D.Gobichandran 2.M/s.Jaimatha Farm Dealers Private Ltd., Rep. by its Mr.D.Gobichandran 3.M/s.Well Stores (Madras) Private Limited Rep. by its Mr.D.Gobichandran 4.M/s.Indeco Builders (P) Ltd., Rep. by is Mr.D.Gobichandran 5.M/s.Sanjeevi Packaging Private Limited Rep. by its Mr.D.Gobichandran 6.M/s.Abhinav Exim (Madras) P. Ltd., Rep. by its Mr.D.Gobichandran

...Petitioners in both the Petitioner/ Accused 20-25

in both the petitions Vs.

1.State Rep. by the Inspector of Police CBI / EOW / Chennai 2.The Chief Manager Asset Recovery Management Branch Indian Bank, Wellington Estate No.55, Ethiraj Salai, Egmore Chennai 600 008 ... Respondents in both Petitions Common Prayer: Criminal Original Petitions have been filed under section 482 of Cr.P.C. to call for the records in Crl.M.P.No.6828 and 6829 of 2018 in C.C.No.36 of 1998 dated 31.10.2018 on the file of the Principal Special Judge for CBI

Cases, Chennai (VIII Additional City Civil Court, Chennai) and set aside the same.

For Petitioners : Mr.N.Ramakrishnan for M/s.Waraon and Sai Rams For Respondents : Mr.K.Srinivasan Special P.P. (for CBI Cases) COMMON ORDER These Criminal Original Petitions have been filed to grant interim stay of all further proceedings in C.C.No.36 of 1998 and to call for the records in Crl.M.P.No.6828 and 6829 of 2018 in C.C.No.36 of 1998 dated 31.10.2018 on the file of the Principal Special Judge for CBI Cases, Chennai (VIII Additional City Civil Court, Chennai) and set aside the same.

2.The Trial Court after perusing the petitions filed by the petitioners under Section 91 and 311 of Cr.P.C., to reopen the defence evidence in C.C.No.36/1998 and call the Chief Manager (Asset Recovery Management Branch, Indian Bank, Wellington Estate, No.55, Ethiraj Salai, Egmore, Chennai 600 008 to appear before this Court for giving evidence as defence witnesses along with the letter dated 11.12.2007 and seeking the 2nd respondent to produce a certified copy of the letter dated 11.12.2007 bearing No.ARMB/CK/255/2007-08 written by the Chief Manager to the Deputy General Manager (R & L), Indian Bank, Head Office, Chennai, dismissed the same on the ground that the petitions are not maintainable at this stage as the prosecution has completed its arguments and the case was posted for defence side arguments. 3.The learned counsel appearing for the petitioners would submit that it is suffice to permit the petitioners to place the documents before the Trial Court for deciding the issue in the above Criminal case.

4.The learned Special Public Prosecutor (CBI Cases) would submit that the petitioners are at liberty to file a memo along with the photocopy of the letter dated 11.12.2007 bearing No.ARMB/CK/255/2007-08 written by the Chief Manager to the Deputy General Manager (R & L), Indian Bank, Head Office, Chennai before the Trial Court. The documents filed by the petitioners for their defence shall be considered by the Trial Court while deciding the case in accordance with law.

5.In view of the above submissions made by the learned Special Public Prosecutor, this court is inclined to direct the Trial Court to consider the memo along with the letter dated 11.12.2007 bearing No.ARMB/CK/255/2007-08 written by the Chief

Manager to the Deputy General Manager (R & L), Indian Bank, Head Office, Chennai filed by the petitioners as one of the documents filed by the defence side for rendering judgment in the above C.C.No.36 of 1998 in accordance with law. 6.Accordingly, these criminal original petitions are disposed of. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar kas To 1.The Principal Special Judge for CBI Cases Chennai (VIII Additional City Civil Court, Chennai) 2.The Inspector of Police, CBI/EOW/Chennai.

3.The Chief Manager Asset Recovery Management Branch Indian Bank, Wellington Estate No.55, Ethiraj Salai, Egmore, Chennai 600 008 4.The Public Prosecutor High Court of Madras +2cc to Mr.Waraon and Sai Rams, Advocate, S.R.No.1655 Crl.O.P.Nos.30408 & 30413 of 2018 VGI(CO) GSP(06/02/2019)