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Ramu Kalanjiam Venkataraman, Director, M/s. Lakshmi Petro Pvt Ltd., Chennai v/s M/s. Paceman Finance India Pvt. Ltd., Rep. by its Manager, Elumalai & Another


Company & Directors' Information:- L & T FINANCE LIMITED [Amalgamated] CIN = U65990MH1994PLC083147

Company & Directors' Information:- S P FINANCE PRIVATE LIMITED [Active] CIN = U65990MH1979PTC021790

Company & Directors' Information:- V L S FINANCE LIMITED [Active] CIN = L65910DL1986PLC023129

Company & Directors' Information:- LAKSHMI FINANCE PRIVATE LIMITED [Active] CIN = U74999AP2016PTC104726

Company & Directors' Information:- L R N FINANCE LIMITED [Active] CIN = U65921TN1992PLC089288

Company & Directors' Information:- S M FINANCE LTD [Active] CIN = L65999TG1984PLC004526

Company & Directors' Information:- J R D FINANCE LTD [Active] CIN = L65999WB1993PLC058107

Company & Directors' Information:- B R D FINANCE LIMITED [Active] CIN = U65910KL1995PLC009430

Company & Directors' Information:- T C I FINANCE LIMITED [Active] CIN = U65920MH1973PLC017042

Company & Directors' Information:- A. V. B. FINANCE PRIVATE LIMITED. [Active] CIN = U65993DL1992PTC049818

Company & Directors' Information:- S M L FINANCE LIMITED [Active] CIN = U65910KL1996PLC010648

Company & Directors' Information:- S B FINANCE PVT LTD [Strike Off] CIN = U65921TG1988PTC008268

Company & Directors' Information:- INDIA FINANCE LTD. [Active] CIN = L65110WB1984PLC050214

Company & Directors' Information:- J J FINANCE CORPORATION LTD [Active] CIN = L65921WB1982PLC035092

Company & Directors' Information:- G V S FINANCE PVT LTD [Strike Off] CIN = U65921TG1988PTC008269

Company & Directors' Information:- G T P FINANCE LIMITED [Active] CIN = U65921TZ1991PLC003149

Company & Directors' Information:- S R K FINANCE PRIVATE LIMITED [Active] CIN = U65910UP1994PTC016038

Company & Directors' Information:- R N FINANCE LIMITED [Active] CIN = U74899DL1988PLC034289

Company & Directors' Information:- J R D FINANCE LTD [Active] CIN = U65999WB1993PLC058107

Company & Directors' Information:- C K G FINANCE PRIVATE LIMITED [Active] CIN = U65910KL1996PTC010147

Company & Directors' Information:- L N FINANCE LTD [Active] CIN = U65923WB1991PLC052876

Company & Directors' Information:- R K FINANCE LTD [Active] CIN = L65921WB1983PLC035896

Company & Directors' Information:- V P C L FINANCE LIMITED [Active] CIN = U65920TG1996PLC023172

Company & Directors' Information:- J S M FINANCE PVT LTD [Active] CIN = U74140MP1995PTC009542

Company & Directors' Information:- I & D FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1991PTC021369

Company & Directors' Information:- PACEMAN FINANCE INDIA PRIVATE LIMITED [Active] CIN = U65191TN1994PTC029363

Company & Directors' Information:- L N FINANCE PVT LTD [Active] CIN = U65929AS1992PTC003766

Company & Directors' Information:- N B A FINANCE LIMITED [Strike Off] CIN = U74899DL1993PLC052393

Company & Directors' Information:- T P D FINANCE LIMITED [Strike Off] CIN = U67120RJ1994PLC008051

Company & Directors' Information:- R G L FINANCE COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1983PTC015809

Company & Directors' Information:- S K B FINANCE LIMITED [Amalgamated] CIN = U65999WB1996PLC082317

Company & Directors' Information:- J V FINANCE PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC067873

Company & Directors' Information:- L C J FINANCE PVT. LTD. [Active] CIN = U65921WB1995PTC068809

Company & Directors' Information:- H L T FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921DL1996PTC078128

Company & Directors' Information:- R N C P FINANCE LTD. [Dissolved] CIN = U67120WB1995PLC072339

Company & Directors' Information:- T T FINANCE LIMITED [Amalgamated] CIN = U67120DL1986PLC023168

Company & Directors' Information:- M M V R FINANCE LIMITED [Active] CIN = U65921TZ1997PLC007705

Company & Directors' Information:- D B FINANCE PRIVATE LIMITED [Active] CIN = U65191TN1989PTC016705

Company & Directors' Information:- C H P FINANCE PVT LTD [Active] CIN = U65921PB1992PTC012788

Company & Directors' Information:- S L B P FINANCE PRIVATE LIMITED [Active] CIN = U74899DL1990PTC041694

Company & Directors' Information:- R S FINANCE PVT LTD [Active] CIN = U65191WB1988PTC044144

Company & Directors' Information:- I C FINANCE PRIVATE LIMITED [Active] CIN = U65921UP1989PTC011236

Company & Directors' Information:- V K FINANCE PVT LTD [Strike Off] CIN = U67120WB1991PTC052140

Company & Directors' Information:- C AND N FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921DL1998PTC094290

Company & Directors' Information:- C D R FINANCE LIMITED [Strike Off] CIN = U65910TG1995PLC022237

Company & Directors' Information:- J R FINANCE LIMITED [Active] CIN = U65921PB1996PLC017699

Company & Directors' Information:- I C S FINANCE LIMITED [Strike Off] CIN = U65921TZ1987PLC001991

Company & Directors' Information:- D D S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65910DL1996PTC076165

Company & Directors' Information:- K V L FINANCE LIMITED [Strike Off] CIN = U65191TN1989PLC016715

Company & Directors' Information:- D A S FINANCE PVT LIMITED [Strike Off] CIN = U65921PB1993PTC012888

Company & Directors' Information:- U B FINANCE PRIVATE LIMITED [Strike Off] CIN = U74899DL1992PTC051300

Company & Directors' Information:- V L G FINANCE PRIVATE LIMITED [Strike Off] CIN = U65910AP1997PTC027952

Company & Directors' Information:- E M S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921TZ1986PTC001789

Company & Directors' Information:- T D M FINANCE COMPANY PRIVATE LIMITED [Active] CIN = U65923KL1997PTC011601

Company & Directors' Information:- S. F. FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65921PB1996PTC018702

Company & Directors' Information:- D S L FINANCE PRIVATE LIMITED [Active] CIN = U65921TG1996PTC023898

Company & Directors' Information:- R D P FINANCE PRIVATE LIMITED [Active] CIN = U65929DL1997PTC089092

Company & Directors' Information:- S R K C FINANCE LIMITED [Amalgamated] CIN = U65999TZ1989PLC002445

Company & Directors' Information:- R K N FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1997PTC038377

Company & Directors' Information:- H A FINANCE PRIVATE LIMITED [Strike Off] CIN = U65993DL1987PTC027064

Company & Directors' Information:- V V A FINANCE LTD [Active] CIN = U65993WB1984PLC037171

Company & Directors' Information:- Y B FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921CH1996PTC017745

Company & Directors' Information:- D G L FINANCE LTD [Strike Off] CIN = U67120TG1993PLC015604

Company & Directors' Information:- M S R FINANCE PVT LTD [Strike Off] CIN = U65191TN1989PTC016789

Company & Directors' Information:- S S P FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1987PTC014526

Company & Directors' Information:- C R N FINANCE PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC062802

Company & Directors' Information:- I FINANCE COMPANY LIMITED [Active] CIN = U67110DL2011PLC212268

Company & Directors' Information:- R B PETRO LIMITED [Strike Off] CIN = U24118UP1990PLC011818

Company & Directors' Information:- H AND Z FINANCE PRIVATE LIMITED [Active] CIN = U67190MH1995PTC093153

Company & Directors' Information:- Y AND K FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC019837

Company & Directors' Information:- S L P FINANCE PRIVATE LTD. [Strike Off] CIN = U65923DL1985PTC021970

Company & Directors' Information:- V M FINANCE LIMITED [Strike Off] CIN = U65910PB1996PLC018339

Company & Directors' Information:- D S K FINANCE LIMITED [Strike Off] CIN = U65910UP1988PLC010317

Company & Directors' Information:- G B V FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65110UP1988PTC010219

Company & Directors' Information:- B H FINANCE PRIVATE LIMITED [Strike Off] CIN = U65922KA1995PTC018390

Company & Directors' Information:- M .R .S . FINANCE LIMITED [Strike Off] CIN = U65929DL1995PLC067184

Company & Directors' Information:- H D FINANCE LTD [Strike Off] CIN = U67120DL1986PLC023675

Company & Directors' Information:- P R K FINANCE P LTD [Strike Off] CIN = U65191TN1995PTC033478

Company & Directors' Information:- T AND C FINANCE LIMITED [Strike Off] CIN = U67120RJ1996PLC012576

Company & Directors' Information:- W S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65192UP1996PTC020243

Company & Directors' Information:- S A C FINANCE COMPANY PVT LTD [Active] CIN = U65999WB1985PTC039002

Company & Directors' Information:- LAKSHMI PETRO PRIVATE LIMITED [Active] CIN = U11100TN2007PTC062860

Company & Directors' Information:- C C FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1997PTC037805

Company & Directors' Information:- S R B FINANCE LIMITED [Strike Off] CIN = U65910UP1988PLC010045

Company & Directors' Information:- P V FINANCE PRIVATE LIMITED [Strike Off] CIN = U65993DL1987PTC027270

Company & Directors' Information:- R V S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65990KA1995PTC018436

Company & Directors' Information:- P AND B FINANCE PVT LTD [Strike Off] CIN = U99999MH1986PTC038841

Company & Directors' Information:- B B P FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65921PB1996PTC018183

Company & Directors' Information:- CHENNAI FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1995PTC030934

Company & Directors' Information:- A E FINANCE PRIVATE LIMITED [Active] CIN = U65999TZ1990PTC002905

Company & Directors' Information:- L R FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65910UP1988PTC009758

Company & Directors' Information:- S B M FINANCE LIMITED [Strike Off] CIN = U65921PB1994PLC014374

Company & Directors' Information:- T A S FINANCE PVT LTD [Strike Off] CIN = U65191TN1990PTC018654

Company & Directors' Information:- D AND O FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U74899DL1993PTC054788

Company & Directors' Information:- H R P FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921PB1995PTC015715

Company & Directors' Information:- P T R FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1989PTC016795

Company & Directors' Information:- B & S FINANCE PVT LTD [Strike Off] CIN = U65191TN1988PTC015491

Company & Directors' Information:- KALANJIAM FINANCE PVT. LTD. [Strike Off] CIN = U65191TN1989PTC018161

Company & Directors' Information:- H S B FINANCE PVT LTD [Strike Off] CIN = U67120RJ1996PTC012119

Company & Directors' Information:- CHENNAI FINANCE CO PRIVATE LIMITED [Under Process of Striking Off] CIN = U65991TN1981PTC009023

Company & Directors' Information:- M. J. S. FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65921PB1971PTC003049

Company & Directors' Information:- A R FINANCE PVT LTD [Strike Off] CIN = U65921PB1989PTC009778

Company & Directors' Information:- K G FINANCE LIMITED [Strike Off] CIN = U65910TZ1982PLC001219

Company & Directors' Information:- S AND Z FINANCE PRIVATE LIMITED [Strike Off] CIN = U65923PN1997PTC106520

Company & Directors' Information:- H S N FINANCE PVT LTD [Strike Off] CIN = U67120PB1993PTC013900

Company & Directors' Information:- G N FINANCE PVT LTD [Strike Off] CIN = U65990MH1981PTC024294

Company & Directors' Information:- C S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65910GJ1987PTC009799

Company & Directors' Information:- LAKSHMI CORPORATION LIMITED [Dissolved] CIN = U99999MH1942PTC003739

    Criminal Revision Case No. 380 of 2020 & Crl.M.P. No. 2761 of 2020

    Decided On, 13 March 2020

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE P. RAJAMANICKAM

    For the Petitioner: S. Veerarachavan, Advocate. For the Respondents: V. Bhiman, Advocate.



Judgment Text


(Prayer: This Criminal Revision Petition is filed under Section 397, 401 of Cr.P.C., to set aside the order passed in CMP.No.2156/2020 in C.C.No.1230/2018 order dated 17.02.2020 on the file of the Fast Track Court No.IV, Metropolitan Magistrate, George Town, Chennai.)

1. This Criminal Revision Case has been filed by the Accused No.2 to set aside the order passed by the Fast Track No.IV, Metropolitan Magistrate, George Town, Chennai, in Crl.M.P.No.2156 of 2020 in C.C.No.1230 of 2018, dated 17.02.2020.

2. The 1st respondent herein has filed a private complaint under Section 138 of Negotiable Instrument Act, against the petitioner and four others. Based on the said complaint, the Fast Track No.IV, Metropolitan Magistrate, George Town, Chennai, has taken the case on file in C.C.No.1230 of 2018 and issued summons to the petitioner herein and four others. After receipt of the summons, the accused Nos.3 to 5 have filed Crl.O.P.No.21230 of 2018 before this Court to quash the proceedings against them. This Court by the order dated 25.09.2019 has allowed the said petition. However, directed the trial Court to dispose of the case in C.C.No.1230 of 2018 against other accused persons within a period of three months, from the date of receipt of a copy of the said order. Thereafter, the petitioner herein has not appeared before the Trial Court. On 02.01.2020, the case was posted for questioning under Section 251 of Cr.P.C., On that date, the petitioner herein has not appeared. Hence, a petition under Section 317 of Cr.P.C was filed to condone his absence and the same was allowed and the case was adjourned on 07.01.2020. On that date, the petitioner herein has filed substitution petition and hence the case was adjourned to 10.01.2020. On 10.01.2020, the said petition was returned and the case was adjourned to 20.01.2020 for questioning under Section 251 of Cr.P.C., On that date also, the petitioner herein has not appeared and hence the case was adjourned to 27.01.2020. On 27.01.2020 also the petitioner herein did not appear. However, a petition was filed under Section 317 of Cr.P.C. The Learned Trial Court has dismissed the said petition and issued NBW. Subsequently, on 17.02.2020, the petitioner herein has filed a petition under Section 70(2) of Cr.P.C., to recall the said NBW without appearing before the Trial Court. The Trial Court has dismissed the said petition by the order dated 17.02.2020.

3. Challenging the said order, the accused No.2 has filed the present Criminal Revision Case.

4. The Learned Counsel for the petitioner has submitted that the petitioner herein was already retired from the Directorship of the Accused No.1/Company and hence the petitioner is not liable to pay any amount to the respondent/complainant. He further submitted that the petitioner is a diabetic and hypertension patient and he is under the medical supervision and hence, he could not appear before the Trial Court. However, mentioning the said fact, the petitioner's counsel has filed a petition under Section 317 of Cr.P.C but the trial Court, without considering the same, has dismissed the said petition and issued NBW. He further submitted that since NBW was issued on 27.01.2020, the petitioner has filed a petition under Section 70(2) of Cr.P.C., to recall the said NBW but the trial Court has dismissed the said petition also without assigning any valid reason and therefore, he prays to set aside the said order and permit the petitioner to appear before the Trial Court and conduct the case.

5. Per contra, the Learned Counsel appearing for the 1st respondent/complainant has submitted that this Court while disposing of the Crl.O.P.No.21230 of 2018 has specifically directed the trial Court to dispose of the case in C.C.No.1230 of 2018 against the other accused persons, within a period of three months, from the date of receipt of a copy of the said order and only in pursuance of the said direction, the trial Court has insisted the petitioner to appear and to answer to the question to be asked under Section 251 of Cr.P.C., but the petitioner has wilfully failed to appear before the trial Court. He further submitted that the trial Court, after giving sufficient opportunities, finally dismissed the petition which was filed under Section 317 of Cr.P.C on 27.01.2020 and issued NBW. He further submitted that the petitioner has not filed any petition immediately to recall the NBW and only after nearly 20 days, the petitioner herein has filed a petition under Section 70(2) of Cr.P.C before the Trial Court on 17.02.2020 to recall the NBW and even at that time also, the petitioner has not appeared before the trial Court. He further submitted that the petitioner has not produced any medical records to show that he is suffering from aliments which prevented him to appear before the Trial Court. He further submitted that only with an intention to drag on the proceedings, he has not even appeared for single hearing before the Trial Court. Taking into consideration of the aforesaid facts, the trial Court has rightly dismissed the petition which was filed by the petitioner under Section 70(2) of Cr.P.C and therefore, he prayed to dismiss this Criminal Revision Case.

6. A perusal of the order passed by this Court in Crl.O.P.No.21230 of 2018, dated 25.09.2019 shows that the accused Nos.3 to 5 have filed the above said petition to quash the proceedings against them and this Court while considering their submissions has allowed the said petition and quash the proceedings against them. However, directed the trial Court to complete the trial against other accused persons within a period of three months, from the date of receipt of a copy of the said order.

7. A perusal of the order passed by the Fast Track Court No.IV, Metropolitan Magistrate, George Town, Chennai, dated 17.02.2020 shows that the trial Court has posted the case for questioning under Section 251 of Cr.P.C., on 02.01.2020. On that date, the petitioner herein did not appear and to condone his absence, a petition under Section 317 of Cr.P.C., was filed and the same was allowed and thereafter, the case was adjourned to 07.01.2020. On that date, the petitioner herein has filed a substitution petition and hence the case was adjourned to 10.01.2020. On 10.01.2020, the said petition was returned and thereafter, the case was adjourned to 20.01.2020 for questioning under Section 251 of Cr.P.C. On 20.01.2020 also, the petitioner did not appear and hence the case was adjourned to 27.01.2020 for questioning under Section 251 of Cr.P.C. On 27.01.2020 also the petitioner did not appear. However, a petition was filed under Section 317 of Cr.P.C to condone his absence. It appears that taking into consideration of the directions issued by this Court in Crl.O.P.No.21230 of 2018 and also the fact that the petitioner was continuously absent, the Trial Court has dismissed the said petition and issued NBW. Even thereafter, the petitioner has not appeared before the Trial Court immediately and filed petition to recall the NBW. On the contrary, he has filed the petition only on 17.02.2020, even at that time also, he has not appeared before the Trial Court. Therefore, the trial Court has dismissed the said petition.

8. Since, this Court has issued a direction to the Trial Court to dispose of the case within a period of three months, the petitioner should have co-operated for the early disposal of the case but he has not appeared from 03.01.2020 to 27.01.2020. Even though he has filed a petition to recall the warrant, he has not chosen to appear b

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efore the trial Court. Unless the petitioner appeared before the trial Court, the trial Court cannot ask question with regard to the offence and proceed further. Therefore, I do not find any infirmity in the order passed by the Trial Court. Hence, this petition is liable to be dismissed. 9. In the result, the Criminal Revision Case is dismissed. The petitioner is directed to appear before the Trial Court and file a petition under Section 70(2) of Cr.P.C., within a week, from the date of receipt of a copy of this order. If any such petition is filed and the petitioner also appeared, the Trial Court, shall dispose of the said petition (either to allow or dismiss), on the same day. Further, on that day itself, the petitioner shall be questioned under Section 251 of Cr.P.C. Consequently, connected Miscellaneous Petition is closed.
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