Madras High CourtCRL OP(MD)/14055/2021disposed of

Sporada Technologies India Private Limited v. Vijayakumar

2021-09-22Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.14055 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.14055 of 2021 and Crl.M.P.(MD) No.7372 of 2021 1.Sporada Technologies India Private Limited, represented by its Director Ms.Niveditha Jayaraj 33, Om Muruga Street, Thanneerpanthal 3rd Cross, V.K.Road, Peelamedu, Coimbatore 641 104.

2.Niveditha Jayaraj 3.Vengudupathi ... Petitioners Vs.

V.Vijayakumar ... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the complaint filed in C.C.No.54 of 2018 on the file of the learned Judicial Magistrate No.1, Virudhunagar and quash the same.

For Petitioners : Mr.S.R.Suresh Kumar

ORDER

This petition is filed seeking quashment of C.C.No.54 of 2018 on the file of the learned Judicial Magistrate No.1, Virudhunagar. 2.When the matter is taken up for hearing, the learned counsel appearing for the petitioners would submit that the petitioners are now residing in Coimbatore and they have to travel long distance to attend the proceedings pending before the Court in Virudhunagar. Even though the learned counsel for the petitioners argued the matter on merits, after some time, he restricted his claim only with regard to dispensing the personal appearance of the petitioners before the trial Court.

3.Considering the residence of the petitioners and the location of the trial Court, the personal appearance of the petitioners is dispensed with before the trial Court with the following conditions:- i) They shall appear before the concerned Court within a period of 15 days from the date of receipt of a copy of this order, file an undertaking affidavit that they will appear before the concerned Court as and when required by affixing attested photograph. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.14055 of 2021 ii) They must engage an advocate to represent them before the concerned Court whenever the matter is heard. iii) After compliance of the aforesaid conditions, the trial Court may permit the petitioners to represent them by their advocate.

4.With the aforesaid directions, this petition is disposed of. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) mm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Judicial Magistrate No.I, Virudhunagar.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.R.SURESH KUMAR, Advocate ( SR-30164[F] dated 24/09/2021 ) Crl.O.P.(MD)No.14055 of 2021 22.09.2021 MGJ(05.10.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2