Madras High Court
Thyrocare Technologies Ltd vs A.Gunasingh Emmanuel on 20 March, 2023
Crl OP No.21036 / 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.03.2023
CORAM :
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
Criminal Original Petition No.21036 of 2019
and
Crl.M.P.Nos. 10857, 10858 & 13470 of 2019
1 Thyrocare Technologies ltd
A limited company incorporated under the
Companies Act 1956, Rep. by its
Executive Director and Chief Financial Officer,
Mr.A.Sundararaju, D-37/1, TTC, MEIDC, Turbhe,
Navi Mumbai 400 703.
2 Mrs.Susila Selvaraj
Ex.Director, Thyrocare Technologies ltd,
82 A, State Bank Road,
No.7, Subhu Plaza, Coimbatore 641 018.
3 A.Sundararaju
Executive Director and Chief Financial Officer,
Thyrocare Technologies ltd,
D-37/1, TTC, MEIDC, Turbhe,
Navi Mumbai 400 703. ... Petitioners/Accused 1 to 3
Versus
A.Gunasingh Emmanuel ... Respondent/Complainant
PRAYER : Criminal Original Petition has been filed under Section 482
of the Criminal Procedure Code seeking to call for the records of the
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Crl OP No.21036 / 2019
proceedings in C.C.No.944 of 2019 pending on the file of the learned
Judicial Magistrate-III, Coimbatore and quash the same.
For Petitioners : Mr.Sundar Narayan
For Respondent : Mr.S.Veeraraghavan
ORDER
This Criminal Original Petition has been filed is to quash the complaint in CC. No. 944 of 2019.
2. It is submitted by both the counsel that for non appearance of the complainant/respondent, the case was dismissed and the accused namely the petitioners were acquitted. The learned counsel appearing of the petitioners would submit that the respondent has challenged the said order in Criminal Appeal No.316 of 2022 before this Court. The learned counsel further submitted that in the event of this Court allowing the Appeal and setting aside the order of acquittal, he may be given liberty to file a fresh quash petition, since the entire complaint is civil in nature and not maintainable.
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3. Since no proceedings are pending as of now before the Trial Court, the prayer in the instant quash Petition has become infructuous. It is needless to observe that if the judgment of acquital is set aside and the matter is remanded to the Trial Court, the petitioners are at liberty to challenge the complaint by filing a quash petition.
4. With the above observation, the Criminal Original Petition is dismissed as having become infrcutuous. ` Consequently, the connected miscellaneous petitions are closed.
20.03.2023 jv Index: Yes/No Speaking Order / Non-Speaking Order Neutral Citation: Yes / No To The Judicial Magistrate-III, Coimbatore.
https://www.mhc.tn.gov.in/judis 3/4 Crl OP No.21036 / 2019 SUNDER MOHAN, J.
jv Criminal Original Petition No.21036 of 2019 and Crl.M.P.Nos. 10857, 10858 & 13470 of 2019 20.03.2023 https://www.mhc.tn.gov.in/judis 4/4