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Stalin Augustine Joseph @ A.J. Stalin v/s Sri Saravana Spinning Mills (P) Ltd, Rep. by R. Ganesh


Company & Directors' Information:- K K P SPINNING MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1993PTC004731

Company & Directors' Information:- N R U SPINNING MILLS LIMITED [Active] CIN = U17111TZ1994PLC005591

Company & Directors' Information:- R G SPINNING MILLS PRIVATE LIMITED [Active] CIN = U17111TZ2004PTC011274

Company & Directors' Information:- SRI SARAVANA MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1983PTC001296

Company & Directors' Information:- P K P N SPINNING MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1981PTC001034

Company & Directors' Information:- K R V SPINNING MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1990PTC002716

Company & Directors' Information:- V R SPINNING MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1979PTC000836

Company & Directors' Information:- K A S SPINNING MILLS PRIVATE LIMITED [Strike Off] CIN = U17111TZ1990PTC002955

Company & Directors' Information:- P S G SPINNING MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1994PTC005234

Company & Directors' Information:- C P SPINNING MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1994PTC005257

Company & Directors' Information:- N S C SPINNING MILLS PRIVATE LIMITED [Active] CIN = U17111TZ2004PTC011093

Company & Directors' Information:- K T SPINNING MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1990PTC002678

Company & Directors' Information:- J G SPINNING MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1991PTC011033

Company & Directors' Information:- S P SPINNING MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1979PTC000862

Company & Directors' Information:- J G SPINNING MILLS PRIVATE LIMITED [Not available for efiling] CIN = U18101WB1991PTC050845

Company & Directors' Information:- M B S SPINNING MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1994PTC005005

Company & Directors' Information:- R D SPINNING MILLS LIMITED [Active] CIN = U17115PB1989PLC009763

Company & Directors' Information:- T K S SPINNING MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1988PTC002117

Company & Directors' Information:- K P M SPINNING MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1995PTC006011

Company & Directors' Information:- J. C. SPINNING MILLS PRIVATE LIMITED [Active] CIN = U17121TG2011PTC073799

Company & Directors' Information:- R R R SPINNING MILLS INDIA PRIVATE LIMITED [Active] CIN = U17111TZ1990PTC002745

Company & Directors' Information:- G P M SPINNING MILLS PRIVATE LIMITED [Active] CIN = U17110PB2005PTC028070

Company & Directors' Information:- R R SPINNING MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1980PTC000984

Company & Directors' Information:- B B S M SPINNING MILLS PRIVATE LIMITED [Strike Off] CIN = U17111TZ1990PTC002914

Company & Directors' Information:- P A SPINNING MILLS PVT. LTD. [Not available for efiling] CIN = U17111TN1989PTC018288

Company & Directors' Information:- M K G SPINNING MILLS PRIVATE LIMITED [Strike Off] CIN = U17115TZ1990PTC002952

Company & Directors' Information:- M S SPINNING MILLS PRIVATE LIMITED [Active] CIN = U17219PB1995PTC017064

Company & Directors' Information:- N G SPINNING MILLS PVT LTD [Active] CIN = U21010GJ1981PTC004505

Company & Directors' Information:- A A K. SPINNING MILLS PRIVATE LIMITED [Strike Off] CIN = U17111TZ1995PTC005766

Company & Directors' Information:- G P G SPINNING MILLS PRIVATE LIMITED [Strike Off] CIN = U17111TN1987PTC014844

Company & Directors' Information:- E A P SPINNING MILLS PRIVATE LIMITED [Strike Off] CIN = U17111TZ2005PTC011782

Company & Directors' Information:- N S K SPINNING MILLS PRIVATE LIMITED [Under Process of Striking Off] CIN = U17111TZ1994PTC004816

Company & Directors' Information:- GANESH SPINNING MILLS PRIVATE LIMITED [Active] CIN = U74899DL1990PTC039803

Company & Directors' Information:- R. A. SPINNING MILLS PVT LTD [Strike Off] CIN = U17115PB1988PTC008852

Company & Directors' Information:- K P K SPINNING MILLS PRIVATE LIMITED [Strike Off] CIN = U17111TZ1961PTC000431

Company & Directors' Information:- H K SPINNING MILLS PVT LTD [Active] CIN = U17111PB1986PTC006672

Company & Directors' Information:- A V S SPINNING MILLS INDIA PRIVATE LIMITED [Strike Off] CIN = U17111TZ2004PTC011275

Company & Directors' Information:- K C AUGUSTINE AND CO PVT LTD [Strike Off] CIN = U05001KL1983PTC003666

Company & Directors' Information:- K S SPINNING MILLS PRIVATE LIMITED [Active] CIN = U17299HR2021PTC092277

Company & Directors' Information:- O P K SPINNING MILLS PRIVATE LIMITED [Strike Off] CIN = U17120DL1988PTC032165

Company & Directors' Information:- P N M SPINNING MILLS PVT LTD [Strike Off] CIN = U17111TN1981PTC008870

Company & Directors' Information:- J K K SPINNING MILLS PRIVATE LIMITED [Strike Off] CIN = U17111TZ1981PTC001085

Company & Directors' Information:- R K SPINNING MILLS PRIVATE LIMITED [Strike Off] CIN = U17100KA1995PTC018864

Company & Directors' Information:- SRI GANESH MILLS PVT LTD [Strike Off] CIN = U36101KL1951PTC001662

Company & Directors' Information:- J K R SPINNING MILLS PRIVATE LIMITED [Strike Off] CIN = U17111TZ1995PTC006781

Company & Directors' Information:- AUGUSTINE AND COMPANY PRIVATE LTD [Not available for efiling] CIN = U74999PY1956PTC000019

Company & Directors' Information:- P. D. R. SPINNING MILLS PRIVATE LIMITED [Strike Off] CIN = U17112AP2006PTC052124

    Crl.R.C. No. 451 of 2016 & Crl.M.P. No. 3023 of 2016

    Decided On, 16 March 2016

    At, High Court of Judicature at Madras

    By, THE HONOURABLE DR. JUSTICE P. DEVADASS

    For the Petitioner: S. Subbiah for P. Raja, Advocates. For the Respondents: --------



Judgment Text

(Prayer: Petition filed under Sections 397 and 401 of the Code of Criminal Procedure, against the order dated 18.01.2016 passed in C.M.P.No.64 of 2015 in C.C.No.882 of 2015 on the file of the Judicial Magistrate No.1, Tirupur.)

1. Aggrieved by certain onerous conditions made in CMP.No.64 of 2015 in CC.No.882 of 2015, in its order dated 18.01.2016 by the learned Judicial Magistrate No.I, Tirupur, the petitioner has directed this revision.

2. A complaint has been instituted by the respondent for an offence under Section 138 of the Negotiable Instruments Act. Cognizance has been taken in CC.No.882 of 2014. Summons has been issued to the revision petitioner under section 204 Cr.P.C.

3. On the hearing date, on his behalf, a learned counsel filed a petition in CMP.No.64/2015 under section 205 Cr.P.C. On 18.01.2016, the learned Judicial Magistrate No.I, Tirupur passed the following order:

"Heard both sides. Due to his ill-health, this petition is allowed with some conditions that the Advocate shall appear for receiving copies, questioning and 313 Cr.P.C proceedings.

Finally, this petition is allowed with the above conditions and the counsel for Advocate shall be appeared every hearings without fail. Further, the Advocate shall appear for furnishing copies on 8.2.2016."

4. Learned counsel for the revision petitioner would contend that the petitioner is ailing and is hailing from Nagpur and his present condition is such that he cannot make a long trip to the trial court. Under such circumstances, his counsel has filed the petition under Section 205 Cr.P.C.

5. Learned counsel for the revision petitioner also submits that on behalf of the revision petitioner/accused, his counsel is ready to receive the copies of documents under section 208 Cr.P.C. Further, he will participate in the first questioning under Section 251 Cr.P.C. Therefore, the conditions imposed in the impugned order are not in accordance with law.

6. I have anxiously considered the submissions of the learned counsel for the revision petitioner and perused the impugned order and the materials on record.

7. It is relevant to note Section 205 Cr.P.C, which runs as follows:

"205. Magistrate may dispense with personal attendance of accused:

(1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his pleader.

(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner herein before provided."

8. Section 205 Cr.P.C deals with the power of the Magistrate to grant leave of absence to the accused and to give leave to represent him by a learned counsel. This is dealt with under section 205(1) Cr.P.C. But, at the same time, once such a permission is granted, the accused cannot take it as a leave and licence to paralize the court proceedings. Discretion has been conferred upon the learned Magistrate under section 205(2)Cr.P.C to compel the presence of the accused.

9. Criminal courts are infested with crowd. In the Magistrate Courts dealing with cases under Section 138 of the Negotiable Instruments Act, more particularly, in commercial towns, like Tirupur, the gathering of crowd will be more. It is a quite sickening sight. The teeming crowd in the Magistrate Courts affects the work/concentration of the Magistrates. Much of the time of the Magistrates has been eaten away by giving them dates. Actually, no specific work is turned out. In other words, it is not an 'effective hearing date'. The accused should not be put to unnecessary hardship, but at the same time, long rope should not be given to the accused to spoil any progress to be made in the case.

10. Now reverting to the facts and circumstances of the present case, I am of the opinion that the conditions imposed in the impugned order seems to be extra conditions and they are unnecessary at the infancy of the case.

11. In view of the foregoings, the impugned order dated 18.01.2016 made in CMP.No.64 of 2015 in CC.No.882 of 2015 by the learned Judicial Magistrate No.1, Tirupur is modified as under:

(i) The counsel, who filed the petition a

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nd vakalath under section 205 Cr.P.C, will receive the copies of documents under section 208 Cr.P.C from the trial court and he will participate in Section 251 Cr.P.C questioning; and (ii) thereafter, for any effective hearing, if the attendance of the revision petitioner/accused is absolutely necessary, the learned Magistrate can enforce his attendance. 12. This Criminal Revision is disposed of accordingly. Consequently, connected Miscellaneous Petition is closed.
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