Madras High Court
M/S. Oren Hydrocarbons Pvt. Ltd vs M/S.Spac Starch Products (India) on 11 April, 2022
Author: Sathi Kumar Sukumara Kurup
Bench: Sathi Kumar Sukumara Kurup
CRL.O.P.No.30036 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 11.04.2022
CORAM :
THE HON'BLE MR. JUSTICE SATHI KUMAR SUKUMARA KURUP
CRL.O.P.No.30036 of 2019
and
Crl.M.P.Nos.16233 & 16234 of 2019
1. M/s. Oren Hydrocarbons Pvt. Ltd.,
Rep. By its Director
Gajalakshmi Ranganathan
2. Gajalakshmi Ranganathan
Director, Oren Hydrocarban Pvt. Ltd.,
3. K.Kannan
Head of Accounts ... Petitioners
Vs.
M/s.SPAC Starch Products (India)
Ltd., Poonachi Village
Rep. By its Deputy Manager
V.Suresh Kumar ... Respondent
PRAYER: Criminal Original Petition filed under Section 482 of
Criminal Procedure Code to call for the records in S.T.C.No.341 of 2019
pending on the file of the learned Judicial Magistrate No.II, Erode and
quash the same.
For Petitioners : No Appearance
For Respondent : Mr.B.Kumarasamy
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https://www.mhc.tn.gov.in/judis
CRL.O.P.No.30036 of 2019
ORDER
This Criminal Original Petition had been filed to quash the case in S.T.C.No.341 of 2019 pending on the file of the learned Judicial Magistrate No.II, Erode.
2. In the earlier date of hearing i.e., on 03.01.2022 also there was no representation for the Petitioners, therefore, the then learned Single Judge of this Court had passed the orders, as follows:
“There is no representation for the petitioners for the past two hearings. List the case under the caption 'for dismissal' on 20.01.2022.” “2. Interim order already granted by this Court on 18.12.2019 is not extended and stands vacated as no representation on the side of the petitioners. Respondent counsel present.” “3. Post this matter on 20.01.2022.”
3. It is observed that interim stay already granted by this Court was vacated on the earlier date of hearing and the case was posted today. 2/6 https://www.mhc.tn.gov.in/judis CRL.O.P.No.30036 of 2019 3/6 https://www.mhc.tn.gov.in/judis CRL.O.P.No.30036 of 2019
4. Today, also when the case came up for hearing, there is no representation for the Petitioners. From the earlier adjudication proceedings, it is found that continuously they had not been present before this Court, the learned Single Judge had vacated the interim stay already granted by this Court.
5. At the time of admission of this Petition, Interim stay was granted. Based on the interim stay, the Accused had successfully delayed the trial of the case under Section 138 of Negotiable Instruments Act before the Court of the learned Judicial Magistrate, Fast Track Court – 2, Erode for more than three years. This is found nothing but an abuse of process of Court under Section 482 Cr.P.C., Hence, this Criminal Original Petition is dismissed with direction to the learned Judicial Magistrate, Fast Track Court- 2, Erode to proceed with the trial at the earliest and dispose of the case within three months from the date of receipt of a copy of this Order. Consequently, connected Miscellaneous Petitions are closed.
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dh To
1. The Judicial Magistrate, Fast Track Court- 2, Erode.
2. The Public Prosecutor High Court of Madras Chennai 600 104.
CRL.O.P.No.30036 of 2019
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