M/S. Kerns Aero Products Private ... vs B.Indumathi
2023 Latest Caselaw 10727 Mad

                                                                    Crl.O.P.No.18763 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 18.08.2023

                                                     CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                             Crl.OP.No.18763 of 2023
                                           and Crl.MP.No.12500 of 2023

                     1.M/s. Kerns Aero Products Private Limited,
                       Represented by its Director T.G.S.Mahesh,
                       No.A-10, SIPCOT Industrial Park,
                       Irungattukottai, Sriperumbudur Taluk,
                       Kanchipuram District – 602 117.

                     2.T.G.S.Mahesh,
                       Director,
                       No.A-10, SIPCOT Industrial Park,
                       Irungattukottai, Sriperumbudur Taluk,
                       Kanchipuram District – 602 117.

                     3.Vanitha Mahesh,
                       Director,
                       No.A-10, SIPCOT Industrial Park,
                       Irungattukottai, Sriperumbudur Taluk,
                       Kanchipuram District – 602 117.                       .. Petitioners

                                                        Vs.

                     B.Indumathi,
                     Income Tax Officer,
                     TDS Ward – 2(2),
                     Chennai – 600 006.                                     .. Respondent



                     1/6
https://www.mhc.tn.gov.in/judis
                                                                           Crl.O.P.No.18763 of 2023

                     PRAYER : This Criminal Original petition filed under Section 482 of
                     Cr.PC to call for the records relating to the E.O.C.C.No.107 of 2019 before
                     the Additional Chief Metropolitan Magistrate, Economic Offences II at
                     Egmore, Chennai and set aside the docket order dated 25.07.2023 returning
                     the petition filed u/s 70(2) of the Cr.P.C.
                                       For Petitioner          : Mr.A.V.Arun

                                                          ORDER

This petition has been filed challenging the docket order passed

by the Additional Chief Metropolitan Magistrate, Economic Offences II at

Egmore, Chennai, dated 25.07.2023, returning the application filed under

section 70(2) of Cr.P.C for recalling the non-bailable warrant issued on

23.06.2023.

2. It is seen from records that the petitioners have already paid

the necessary compounding fee before the competent authority to compound

the offence and the orders are yet to be passed by the competent authority.

If the same is done, the proceedings itself will come to an end. That apart, it

is seen that the petitioners were not present on the date of hearing on

23.06.2023 and that is the reason why the Court below had issued non-

https://www.mhc.tn.gov.in/judis Crl.O.P.No.18763 of 2023

bailable warrant. While filing the application to recall the non-bailable

warrant, the petitioners were not present and therefore, the Court below

refused to entertain the application.

3. In appropriate cases, a non-bailable warrant can be recalled

without the personal presence of the accused and the law on this issue has

been discussed in [Karuppiah @ Chinnathambi Vs The Inspector of

Police, Embal Police Station, Avudaiyarkoil Taluk,Pudukottai District]

reported in 2014 4 MLJ Crl 634. This was also subsequently followed in an

another judgment [Dr. Zubaida Begum Versus State represented by the

Inspector of Police District Crime Branch Kancheepuram] reported in

2016 2 MLJ Crl 490. Therefore, it is not as if the Court below cannot recall

the non-bailable warrant in the absence of the accused persons. However,

the discretion is given to the Court to insist for the appearance of the

accused persons.

4. In the instant case, the petitioners have already paid the

compounding fee and the necessary charges and the authority is yet to pass

the compounding order. Under such circumstances, it may be more

https://www.mhc.tn.gov.in/judis Crl.O.P.No.18763 of 2023

appropriate to entertain the application by imposing necessary conditions.

5. In the light of the above discussion, there shall be a direction to

the petitioners to represent the application for recalling the non-bailable

warrant issued on 23.06.2023 and the Court below shall pass orders on the

same day in the said application.

6. This Criminal Original Petition is disposed of with a direction

to the second petitioner to appear before the Court below on 21.08.2023 and

file the application for recalling the non-bailable warrant. Insofar as the

third petitioner is concerned, an application under section 317 of Cr.P.C can

be entertained, while entertaining the petition for recalling the non-bailable

warrant.

18.08.2023 Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No rka Note : Issue order copy today

https://www.mhc.tn.gov.in/judis Crl.O.P.No.18763 of 2023

To

The Additional Chief Metropolitan Magistrate (Economic Offences II), Egmore, Chennai.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.18763 of 2023

N.ANAND VENKATESH, J

rka/mkn-ii

Crl.OP.No.18763 of 2023 and Crl.MP.No.12500 of 2023

18.08.2023

https://www.mhc.tn.gov.in/judis