S.A.KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the private complaint filed by the respondent/Assistant Commissioner of Central Excise, in E.O.C.C.No.166 of 1997 pending on the file of the Additional Chief Metropolitan Magistrate, EO1, Egmore, Chennai.

(2.) The following are the brief facts leading to the filing of the criminal complaint :

(3.) The quashment is sought mainly on the ground that the Managing Partner of the company (A2) is no more and there is no one to represent the company, namely A1. Therefore, according to the petitioner, unless some representative is appointed to represent A1, without the company being made as an accused, the very complaint is not maintainable. The undue delay in examining the witnesses by the respondent/complainant is also raised as a ground for quashment.