DURAISAMYNAIDU MUTHUSAMY Vs. P.VIJAYAKUMAR

JUDGEMENT

(1.) These Criminal Revision Petitions are directed against the order passed by the learned Judicial Magistrate No.I, Fast Track Court at Magistrate Level, Madurai in Crl.M.P.Nos.2001 to 2003 of 2017 in S.T.C.No.862/2016, dtd. 25/5/2017.

(2.) Heard Mr.V.Kannan, learned Legal Aid Counsel appearing for the Revision Petitioners. No representation for the respondent.

(3.) The respondent in these Revision Petitions is the complainant before the learned Judicial Magistrate No.I, Madurai. He had filed a complaint under Sec. 138 r/w 141 of Negotiable Instruments Act. In a private complaint under Sec. 200 of Cr.P.C. against one M/s.Servalakshmi Paper Mills Ltd., and its Directors, the Court had issued summons to the accused, who are the Directors. They had filed petition under Sec. 205 of Cr.P.C. seeking exemption on the ground that the Directors are aged and living in far away places and they are unable to attend each and every hearing before the Court of the learned Judicial Magistrate No.I at Madurai. The learned Judicial Magistrate No.I, Madurai had fairly considered their difficulties but insisted their appearance at the stage of furnishing copies, questioning on receipt of copies and at the stage of examining under Sec. 313 Cr.P.C. and at the stage of delivering judgment. Aggrieved by the same, the accused 2 to 4 had filed these Civil Revision Petitions seeking total exemption as per the reported rulings of the Hon'ble Supreme Court in the cases of (i) Bhaskar Industries Ltd., -vs- Bhiwani Denim and Apparels Ltd., reported in (2001) 7 SCC 401, (ii) S.V.Muzumdar -vs- Gujarat State Fertilizer Co. Ltd., reported in (2005) 4 SCC 173 and (iii) TGN Kumar -vs- State of Kerala reported in CDJ 2011 SC 059 which were ignored by the learned Judicial Magistrate No.I, Madurai.