Madras High Court
M/S Rickul India Pvt.Ltd vs Mr.Sunil Kumar Sharoff on 19 July, 2021
Crl.O.P.Nos.29153 & 29165 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.07.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.Nos.29153 & 29165 of 2019
and
Crl.M.P.No.15686 & 15687, 15688 & 15689 of 2019
and
Crl.M.P.No.5375 of 2020
1. M/s Rickul India Pvt.Ltd.,
2. Mr.Amrik Singh Bawa alias Ricky,
Director of M/s Rickul India Pvt.Ltd., .. Petitioners in both Crl.OPs.
Vs.
1. Mr.Sunil Kumar Sharoff
Partner of Sharoff Marketing
2. Ms.Seema Jain
Director of M/s Rickul India Pvt Ltd., .. Respondents in both Crl.OPs.
Prayer in Crl.O.P.No.29153 of 2019 : Petition filed under Section 482 of
Cr.P.C., to call for the records and quash the complaint of the 1st
respondent in C.C.No.1256 of 2019 on the file of FTC, IV Metropolitan
Magistrate Court, George Town, Chennai.
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https://www.mhc.tn.gov.in/judis/
Crl.O.P.Nos.29153 & 29165 of 2019
Prayer in Crl.O.P.No.29165 of 2019 : Petition filed under Section 482 of
Cr.P.C. to call for the records and quash the complaint of the 1st respondent
in C.C.No.1003 of 2019 on the file of FTC, IV Metropolitan Magistrate
Court, George Town, Chennai.
For Petitioners in both petitions : Mr.Ashwin Premsundar
COMMON ORDER
The petitioners have filed this petition seeking to call for the records
and quash the complaint of the 1st respondent in C.C.Nos.1256 and 1003 of
2019 on the file of FTC, IV Metropolitan Magistrate Court, George Town,
Chennai.
2. The grounds raised by the counsel for the petitioners are all factual
in nature and it requires appreciation of evidence and this Court cannot
decide the same in exercise of its jurisdiction under Section 482 of Criminal
Procedure Code. It is left open to the Petitioners to raise all the grounds
before the Court and the same shall be considered on its own merits and in
accordance with law. This Court is not inclined to interfere with the
proceedings pending before the Court below.
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Crl.O.P.Nos.29153 & 29165 of 2019
3.It is now represented by the learned counsel appearing for the
Petitioners that without going into the merits of the case, it would suffice, if
this Court issues direction to the Trial Court to expedite the trial and
complete the same as early as possible. He would further submit that the
appearance of the Petitioners before the Trial Court may be dispensed with.
4.In view of the above, this Court directs the learned Fast Track
Court, IV Metropolitan Magistrate Court, George Town, Chennai, to
expedite the trial in C.C.Nos.1256 and 1003 of 2019 and complete the same,
within a period of six months from the date of receipt of a copy of this
order. The appearance of the Petitioners before the Trial Court is dispensed
with. However, this order will not stand on the way of the Trial Court to
insist for the appearance of the Petitioners for receiving copies under
Section 207 of Cr.P.C., framing of charges, questioning under Section 313
of Cr.P.C. and judgment and as and when the Trial Court feels it necessary.
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https://www.mhc.tn.gov.in/judis/
Crl.O.P.Nos.29153 & 29165 of 2019
M.DHANDAPANI,J.
sk
5.With the above directions, these criminal original petitions are
disposed of. Consequently, connected miscellaneous petitions are closed.
19.07.2021
sk
Speaking Order/ Non Speaking Order
Index: Yes/ No
Internet: Yes/ No
To
1. FTC, IV Metropolitan Magistrate Court,
George Town, Chennai.
2.The Public Prosecutor,
High Court of Madras,
Chennai 600 104.
Crl.O.P.Nos.29153 & 29165 of 2019
https://www.mhc.tn.gov.in/judis/
