w w w . L a w y e r S e r v i c e s . i n



Lawn Hosiery Mills and Others v/s Durga Fashions


Company & Directors' Information:- INDIA FASHIONS LIMITED [Active] CIN = U18101MH2005PLC156779

Company & Directors' Information:- DURGA FASHIONS LTD [Active] CIN = U17299WB2006PLC108973

Company & Directors' Information:- J G HOSIERY PRIVATE LIMITED [Active] CIN = U18101TZ2001PTC009707

Company & Directors' Information:- R D FASHIONS PRIVATE LIMITED [Active] CIN = U17299MH2005PTC158153

Company & Directors' Information:- G D FASHIONS PRIVATE LIMITED [Active] CIN = U52322MH1996PTC098865

Company & Directors' Information:- K B FASHIONS PRIVATE LIMITED [Active] CIN = U18101DL1999PTC098183

Company & Directors' Information:- K D S HOSIERY PRIVATE LIMITED [Active] CIN = U18101PB2001FTC024327

Company & Directors' Information:- J M HOSIERY MILLS PRIVATE LIMITED [Active] CIN = U17299PB2000PTC023753

Company & Directors' Information:- R M H HOSIERY PRIVATE LIMITED [Active] CIN = U17125DL2007PTC167271

Company & Directors' Information:- S. K. FASHIONS PRIVATE LIMITED [Active] CIN = U18204CT2012PTC000157

Company & Directors' Information:- P T M HOSIERY PVT LTD [Active] CIN = U52322WB1994PTC062394

Company & Directors' Information:- K D FASHIONS INDIA PRIVATE LIMITED [Active] CIN = U18101MH2002PTC134820

Company & Directors' Information:- A P FASHIONS PRIVATE LTD [Active] CIN = U51909WB1991PTC051934

Company & Directors' Information:- M G HOSIERY PRIVATE LIMITED [Active] CIN = U17124TZ2002PTC010195

Company & Directors' Information:- L T FASHIONS PRIVATE LIMITED [Active] CIN = U18101GJ1994PTC021109

Company & Directors' Information:- D. M. FASHIONS PRIVATE LIMITED [Active] CIN = U51109MH2009PTC190329

Company & Directors' Information:- S S B FASHIONS PRIVATE LIMITED [Active] CIN = U17110GJ2005PTC045905

Company & Directors' Information:- S H FASHIONS PRIVATE LIMITED [Active] CIN = U51909DL2004PTC128342

Company & Directors' Information:- J S B FASHIONS PRIVATE LIMITED [Active] CIN = U17119GJ2002PTC040960

Company & Directors' Information:- J J HOSIERY MILLS PRIVATE LIMITED [Active] CIN = U45203WB2000PTC091570

Company & Directors' Information:- V V FASHIONS PRIVATE LIMITED [Active] CIN = U17120MH2003PTC139741

Company & Directors' Information:- A. E. FASHIONS PRIVATE LIMITED [Converted to LLP] CIN = U18204DL1983PTC185012

Company & Directors' Information:- G L FASHIONS PRIVATE LIMITED [Active] CIN = U18101DL2003PTC121480

Company & Directors' Information:- R G FASHIONS PRIVATE LIMITED [Converted to LLP] CIN = U18101DL2000PTC105011

Company & Directors' Information:- P V FASHIONS PRIVATE LIMITED [Active] CIN = U17124WB1990PTC050251

Company & Directors' Information:- H. K. FASHIONS (INDIA) PRIVATE LIMITED [Active] CIN = U18109DL2006PTC151830

Company & Directors' Information:- K S FASHIONS PRIVATE LIMITED [Active] CIN = U18101WB1998PTC086804

Company & Directors' Information:- A R FASHIONS PRIVATE LIMITED [Strike Off] CIN = U18101TG2003PTC041468

Company & Directors' Information:- K AND I FASHIONS PRIVATE LIMITED [Active] CIN = U74994DL1996PTC081552

Company & Directors' Information:- S P R FASHIONS PRIVATE LIMITED [Converted to LLP] CIN = U18109DL2013PTC247877

Company & Directors' Information:- G R FASHIONS PRIVATE LIMITED [Active] CIN = U18101MH2001PTC133163

Company & Directors' Information:- O K HOSIERY MILLS PVT LTD [Active] CIN = U99999DL1980PTC010979

Company & Directors' Information:- D D HOSIERY PVT LTD [Active] CIN = U18101WB1973PTC028694

Company & Directors' Information:- A N A FASHIONS PRIVATE LIMITED [Active] CIN = U18101DL2004PTC130551

Company & Directors' Information:- M R FASHIONS PRIVATE LIMITED [Strike Off] CIN = U18101DL2001PTC110656

Company & Directors' Information:- M. B. HOSIERY PRIVATE LIMITED [Active] CIN = U18101WB2008PTC125110

Company & Directors' Information:- R R HOSIERY PRIVATE LIMITED [Active] CIN = U18101MH1984PTC034394

Company & Directors' Information:- B. F. FASHIONS PRIVATE LIMITED [Active] CIN = U51109MH2010PTC203672

Company & Directors' Information:- A N FASHIONS ( INDIA) PRIVATE LTD [Active] CIN = U74899DL1980PTC010369

Company & Directors' Information:- K I FASHIONS PRIVATE LIMITED [Active] CIN = U18109TG2013PTC088463

Company & Directors' Information:- N N FASHIONS PRIVATE LIMITED [Strike Off] CIN = U74999DL1999PTC098661

Company & Directors' Information:- R B FASHIONS PVT LTD [Active] CIN = U17118WB1995PTC071633

Company & Directors' Information:- S AND A FASHIONS PRIVATE LIMITED [Strike Off] CIN = U51909DL1991PTC045914

Company & Directors' Information:- M & M FASHIONS PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC074147

Company & Directors' Information:- U V FASHIONS PRIVATE LIMITED [Active] CIN = U18109KA2014PTC074444

Company & Directors' Information:- K K HOSIERY PRIVATE LIMITED [Active] CIN = U18204MH2014PTC251777

Company & Directors' Information:- B B HOSIERY PRIVATE LIMITED [Strike Off] CIN = U74999MH2015PTC267158

Company & Directors' Information:- A TO Z FASHIONS PRIVATE LIMITED [Active] CIN = U00265CH2005PTC029342

Company & Directors' Information:- J I D FASHIONS PRIVATE LIMITED [Active] CIN = U18101DL2003PTC120395

Company & Directors' Information:- T M FASHIONS PRIVATE LIMITED [Strike Off] CIN = U74994MH2004PTC147342

Company & Directors' Information:- M C S HOSIERY PRIVATE LIMITED [Strike Off] CIN = U51311WB2001PTC093781

Company & Directors' Information:- THE INDIA HOSIERY MILLS LTD [Strike Off] CIN = U17121WB1949PLC018383

Company & Directors' Information:- P. G. FASHIONS PRIVATE LIMITED [Active] CIN = U18109DL2010PTC200775

Company & Directors' Information:- A & B FASHIONS PRIVATE LIMITED [Strike Off] CIN = U17126DL1973PTC148252

Company & Directors' Information:- P P FASHIONS PRIVATE LIMITED [Active] CIN = U51312DL2004PTC125694

Company & Directors' Information:- E AND M FASHIONS PRIVATE LIMITED [Active] CIN = U74900KA2015PTC078076

Company & Directors' Information:- A & M FASHIONS PRIVATE LIMITED [Strike Off] CIN = U74994KA2005PTC036331

Company & Directors' Information:- H AND H FASHIONS PRIVATE LIMITED [Strike Off] CIN = U74900DL1998PTC093351

Company & Directors' Information:- G M FASHIONS (INDIA) PRIVATE LIMITED. [Strike Off] CIN = U17120DL1989PTC038309

Company & Directors' Information:- G I FASHIONS PRIVATE LIMITED [Strike Off] CIN = U51909TN2008PTC069767

Company & Directors' Information:- C S FASHIONS PRIVATE LIMITED [Active] CIN = U51504WB2005PTC100951

Company & Directors' Information:- S P HOSIERY PVT LTD [Strike Off] CIN = U51311PB1985PTC006113

Company & Directors' Information:- H S FASHIONS PRIVATE LIMITED [Active] CIN = U52322WB2005PTC102042

Company & Directors' Information:- S T Y D FASHIONS PRIVATE LIMITED [Strike Off] CIN = U74994MH2005PTC152589

Company & Directors' Information:- I D FASHIONS PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC037044

Company & Directors' Information:- S. B. FASHIONS PRIVATE LIMITED [Strike Off] CIN = U17295DL2007PTC171808

Company & Directors' Information:- B AND T FASHIONS PRIVATE LIMITED [Strike Off] CIN = U74994KL1996PTC010445

Company & Directors' Information:- K A B FASHIONS PRIVATE LIMITED [Strike Off] CIN = U17299PB2015PTC039658

Company & Directors' Information:- B M FASHIONS PRIVATE LIMITED [Active] CIN = U99999MH2005PTC159278

Company & Directors' Information:- M P FASHIONS PRIVATE LIMITED [Active] CIN = U51311MH2002PTC137215

Company & Directors' Information:- G & G FASHIONS PRIVATE LIMITED [Active] CIN = U52320CH2012PTC034069

Company & Directors' Information:- P. M. FASHIONS PRIVATE LIMITED [Active] CIN = U18109DL2007PTC165011

Company & Directors' Information:- R & J FASHIONS PRIVATE LIMITED [Strike Off] CIN = U18109DL2014PTC265791

Company & Directors' Information:- AT FASHIONS PRIVATE LIMITED [Strike Off] CIN = U18202DL2013PTC262670

Company & Directors' Information:- S. P. FASHIONS PRIVATE LIMITED [Amalgamated] CIN = U19100DL2007PTC164553

Company & Directors' Information:- B. S. N. FASHIONS PRIVATE LIMITED [Strike Off] CIN = U17299DL2006PTC155975

Company & Directors' Information:- V R M FASHIONS PRIVATE LIMITED [Active] CIN = U18101DL2001PTC113597

Company & Directors' Information:- K S S FASHIONS PRIVATE LIMITED [Active] CIN = U18101DL2004PTC131625

Company & Directors' Information:- A V J FASHIONS PRIVATE LIMITED [Strike Off] CIN = U18101DL2005PTC139041

Company & Directors' Information:- U A FASHIONS PRIVATE LIMITED [Strike Off] CIN = U18101DL2005PTC139872

Company & Directors' Information:- V S FASHIONS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC142013

Company & Directors' Information:- R. C. FASHIONS PRIVATE LIMITED [Active] CIN = U18101DL2008PTC172261

Company & Directors' Information:- P. H. FASHIONS PRIVATE LIMITED [Active] CIN = U18101DL2006PTC155349

Company & Directors' Information:- P S R K FASHIONS PRIVATE LIMITED [Strike Off] CIN = U18101DL2012PTC230072

Company & Directors' Information:- M B FASHIONS PRIVATE LIMITED [Active] CIN = U51909DL2013PTC257698

Company & Directors' Information:- P C FASHIONS PRIVATE LIMITED [Strike Off] CIN = U74999DL2007PTC160466

Company & Directors' Information:- T G FASHIONS PRIVATE LIMITED [Strike Off] CIN = U51311DL2004PTC128473

Company & Directors' Information:- A AND Y FASHIONS PRIVATE LIMITED [Strike Off] CIN = U51311DL2004PTC129256

Company & Directors' Information:- N K J FASHIONS PRIVATE LIMITED [Active] CIN = U51311DL2005PTC133132

Company & Directors' Information:- A V S FASHIONS PRIVATE LIMITED [Strike Off] CIN = U74899DL2001PTC109590

Company & Directors' Information:- U. K. FASHIONS PRIVATE LIMITED [Active] CIN = U52399DL2016PTC290541

Company & Directors' Information:- P. S. FASHIONS PRIVATE LIMITED [Strike Off] CIN = U74994DL2007PTC164244

Company & Directors' Information:- P S P FASHIONS PRIVATE LIMITED [Strike Off] CIN = U18109HR2012PTC045528

Company & Directors' Information:- Y AND O FASHIONS PRIVATE LIMITED [Active] CIN = U74999KA2014PTC075306

Company & Directors' Information:- S N B FASHIONS PRIVATE LIMITED [Active] CIN = U18109GJ2008PTC055705

Company & Directors' Information:- H M FASHIONS PRIVATE LIMITED [Strike Off] CIN = U18109GJ2010PTC061258

Company & Directors' Information:- C AND A FASHIONS PVT LTD [Strike Off] CIN = U51900MH1983PTC030580

    Criminal Revision Cases Nos. 1358 and 1359 of 2001. Criminal Revision Petitions Nos. 1355 and 1356 of 2001 and Crl. M.P. No. 7214 and 7215 of 2001

    Decided On, 18 October 2001

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE M. KARPAGAVINAYAGAM

    J. Antony Jesus, Advocate.



Judgment Text

M. KARPAGAVINAYAGAM, J.


Both these revisions are being disposed of through this common order, as they would involve the same issue between the same parties.


The respondent-complainant filed complaints against the petitioners for the offence under section 138 of the Negotiable Instruments Act, 1881. During the course of trial, on noticing the misdescription of the cause title in relation to the particulars of the complainant, the respondent-complainant filed petitions for amendment to rectify the error. The same were allowed by the trial court. Aggrieved by that, the petitioners-accused have come before this court through these revisions.


I have heard learned counsel for the petitioners and also gone through the records.


When the complaints were filed, in the cause title, the complainant was shown as M/s. Sri Durga Fashions, a proprietary concern, represented by its proprietor P. Subramaniam. On noticing that the proprietary concern is not a juridical entity, the complainant filed applications requesting for permission to amend the cause title suitably by substituting the name of the proprietor in the place of the proprietary concern.


The said applications were opposed by the accused on the ground that when the complaints were filed by the proprietary concern, which is not a juridical person in the eye of law, the applications for amendment cannot be allowed to make the invalid complaints as valid complaints and further the said applications have been filed belatedly.


The trial court, after considering the submissions made by counsel for the parties and on the strength of the decisions rendered in (1) U.P. Pollution Control Board v. Modi Distillery (2) Egmore Benefit Society Ltd. v. K. Balasigamani, (3) Manian S. v. P. M. Nachimuthu 2000 (3) CTC 680, allowed the applications filed by the complainant for amendment.Assailing the said order, learned counsel for the petitioners, on the strength of decision of this court in Anas Industries v. Suresh Bafna 1999 1 MWN (Crl.) 296, would contend that showing the proprietorship concern as a party would suffer inherent defect and, therefore, both the complaints must be treated as not maintainable and consequently, the impugned order has to be set aside.


On going through the records and on considering the arguments advanced by learned counsel for the petitioners, I am of the view that the trial court has correctly decided the point in issue in favour of the respondent-complainant.


There is no dispute in the provisions of law that the proprietary concern is a non-entity. In the cause title in the complaints filed by the complainant, it is mentioned as M/s. Sri Durga Fashions, Tiruppur, represented by its proprietor P. Subramaniam. But, this would not mean that the complaints have been filed by a person, who has no juridical entity.


As admitted by learned counsel for the petitioners, the proprietary concern, as such, is not an independent juridical entity, apart from its proprietor. In this case, the complaints have been filed by the proprietor as the proprietor of the proprietorship concern.


Learned counsel for the petitioners would cite the decision reported in Anas Industries v. Suresh Bafna 1999 1 MWN (Crl.) 296 where it is held that the complaint cannot be filed against the proprietorship concern, as the same would suffer inherent defect. But, here, the complaints have been filed by the proprietor Subramaniam, who has signed as complainant in both these complaints.


Furthermore, it is seen that the said complainant has been examined as P.W.-1 and he has stated that he is the complainant. Therefore, it cannot be taken to mean that a person of non-entity filed the complaints.Moreover, in the decision of this court in N. Vaidyanathan/Deepika Milk Marketing v. Dodla Dairy Ltd. 2000 1 MWN (Crl.) (Mad) (DCC) 33, it is held that it is a settled position of law that the proprietorship concern by itself is not a legal entity, apart from its proprietor, the proprietary concern and the proprietor are one and the same person. It is further held in the said decision that the prosecution against the proprietor representing the proprietorship concern or proprietorship concern represented by its proprietor are one and the same, as both these things sink, sail and merge with only one entity.


So, the above proposition of law laid down by this court in regard to cause title relating to the accused would apply equally to the cause title of the complainant also. Therefore, by following the above proposition, it can be safely held that the prosecution by the proprietor representing the proprietorship concern or the proprietorship concern represented by its proprietor are one and the same, as both things convey the same meaning.


Therefore, even without amendment, the complaints are maintainable, because the complainant in these cases is only the proprietor Subramaniam representing the proprietors

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hip concern. Under those circumstances, it can be safely held that the amendment, which has been permitted by the trial court, would not change the character and basic structure of the complaints. Therefore, both these revisions are liable to be dismissed as devoid of merit. The trial court is directed to continue the trial and dispose of the same in accordance with law as expeditiously as possible. In the result, these criminal revision cases are dismissed. Consequently, the connected Crl. M.Ps. stand dismissed.
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