Madras High Court
M/S Spencers Travel Services ... vs M/S Paceman Finance India ... on 20 July, 2021
Crl.O.P.No.2542 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.07.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.No.2542 of 2018
and
Crl.M.P.Nos.1044 & 1045 of 2018
1. M/s Spencers Travel Services Limited,
Sudharshan Building, 6th Floor,
No.27, Whites Road,
Royapettah, Chennai - 600 014
Rep by Mrs.Geetha George
2. Mrs.Geetha George,
Authorized Signatory
Sudharshan Building, 6th Floor,
No.27, Whites Road,
Royapettah,
Chennai - 600 014.
3. Binu Vergish,
Director Spencer,
Travel Services Ltd.,
27, Whites Road, Royapettah,
Chennai - 600 014. .. Petitioners
Vs.
M/s Paceman Finance India Pvt.Limited,
Rep. by its authorized person
Mr.Elumalai, 963 Poonamallee High Road,
Suit No.21 Crescent Court,
Purasawalkam, Chennai - 600 084. .. Respondent
1/4
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.2542 of 2018
Prayer:Petition filed under Section 482 of Cr.P.C., to call for the record
and quash the proceedings in C.C.No.6083 of 2017 filed by the respondent
against the petitioners and pending on the file of XIX Metropolitan
Magistrate, Rippon Buildings, Chennai.
For Petitioners : Mr.P.Siva
For Respondent : Mr.Pawan Kumar Dhanuka
ORDER
The petitioners have filed this petition seeking to call for the record
and quash the proceedings in C.C.No.6083 of 2017, filed by the respondent
against the petitioners and pending on the file of XIX Metropolitan
Magistrate, Rippon Buildings, 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.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.2542 of 2018
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 XIX
Metropolitan Magistrate, Rippon Buildings, Chennai. , to expedite the trial
in C.C.No.6083 of 2017 and complete the same as expeditiously as possible.
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.
M.DHANDAPANI,J.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.2542 of 2018
sk
5.With the above directions, these criminal original petition is
disposed of. Consequently, connected miscellaneous petitions are closed.
20.07.2021
sk
Speaking Order/ Non Speaking Order
Index: Yes/ No
Internet: Yes/ No
To
1. The XIX Metropolitan Magistrate,
Rippon Buildings, Chennai.
2.The Public Prosecutor,
High Court of Madras,
Chennai 600 104.
Crl.O.P.No.2542 of 2018
https://www.mhc.tn.gov.in/judis/
