Madras High Court
A.K.Mylsamy vs State Rep By on 3 February, 2022
CRL.O.P.No.23743 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.02.2022
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.23743 of 2021
&
CRL.M.P.Nos.13075 & 13076 of 2021
A.K.Mylsamy ... Petitioner
Versus
1.State rep by
The Inspector of Police,
EOW, Coimbatore.
2.Raji ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, 1973 to call for records in C.C.No.21 of
2021 pending trial on the file of Spl Sessions for TNPID Act,
Coimbatore, quash the same.
For Petitioner : Mr.K.P.Anantha Krishna
For Respondents : Mr.E.Raj Thilak,
Additional Public Prosecutor
For R1.
*****
Page No.1 of 5
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.23743 of 2021
ORDER
The petitioner who is arrayed as A4 in C.C.No.21 of 2021 facing
trial for the offence under Sections 409 and 420 of IPC filed this Quash
Application.
2. The gist of the case is that one Raji/defacto complainant lodged
a complaint to the Inspector of Police, Economic Offences Wing-II,
Coimbatore against GTV Spinners Ltd., Coimbatore and its Directors
stating that A9 Vidhyasagar A3 V.Sathyanathan and A12 Padmavathi are
the accused canvassed with the complainant for depositing in their
Financial establishment and promised to give higher rate of interest up to
14 & 15%. The defacto complainant believing the promise of these
accused, deposited a sum of Rs.50,000/- in his name and in the name of
his wife. The deposits were collected in the name of A1 to A12. The
deposits were collected and issued deposit receipt dated 28.02.1996 &
24.07.1996 for the said deposit amount paid assured interest up to the
year 2013 received. Thereafter the defacto complainant demanded his
deposit amount with interest and the accused defaulted to repay the
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.23743 of 2021
deposit with interest.
3. As regards this petitioner is concerned, he is a Non Executive
Honorary Director. He is only a nominee Director. He further submitted
that he is a Senior Counsel leading practitioner in Company Law to avail
the benefit of his experience and knowledge he was made as a nominee
Director. He resigned from the Company Directorship in the year 2001,
which fact intimated to the Registrar of Companies and Form 32 filed.
The respondent Police ought not to have included the petitioner's name in
the final Report, for obvious reasons his name included, petitioner's
designation and position is an admitted fact.
4. The Additional Public Prosecutor filed his counter. In the
counter he had narrated about the registration of the case, stage of the
investigation and the role played by each of the accused. As regards
petitioner/A4, there is no specific allegation made against him and no
overt act is attributable. He further submitted that in this case trial is at
the penultimate stage and now the Investigating Officer is in the witness
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.23743 of 2021
box, substantial portion of the trial completed, it would be appropriate
for the trial to come to its logical end. If the petitioner has not involved
in the day to day functioning and looking after the affairs of company
further if found he is only a Nominee Director, the trial Court shall
consider the same while delivering the judgment.
5. As the case is at the I.O. stage, this Court is not inclined to
entertain this petition as it would amount to short circuiting the trial
process. The petitioner to raise all the points raised herein before the
Trial Court, who shall consider the same. The petitioner stature standing
is well known.
6. In view of the same, this Criminal Original Petition is disposed
of. Consequently, connected miscellaneous petitions are closed.
03.02.2022
Index: Yes/No
Internet: Yes/No
dpq/mpl
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.23743 of 2021
M.NIRMAL KUMAR, J.
dpq/mpl
To
1.The Inspector of Police,
EOW, Coimbatore.
2.The Public Prosecutor,
High Court, Madras.
CRL.O.P.No.23743 of 2021
&
CRL.M.P.Nos.13075 & 13076 of 2021
03.02.2022
https://www.mhc.tn.gov.in/judis
