RAASI CEMENTS LIMITED Vs. PRITHIVIRAJ

JUDGEMENT

(1.) This is a petition filed by the petitioner under Section 482 of Cr. P.C. to set aside the order of the XIV Metropolitan Magistrate, Egmore, Madras-8 dated 29-1-1997 passed in Crl. M.P. No. 1388 of 1996 in C.C. No. 3322 of 1994 and to direct the XIV Metropolitan Magistrate, Egmore, Madras to permit the petitioner to authorise one P. Suryanarayana Rao in the place of B. Suresh Yagneswar to represent the petitioner in the above case in C.C. No. 3322 of 1994.

(2.) It is the case of the petitioner-complainant Company that on the dishonour of cheque of Rs. 8,07,978/- issued by the respondent/accused, the petitioner has filed a complaint under Section 138 of Negotiable Instruments Act in C.C. No. 3322 of 1994 on the file of the Court of XIV Metropolitan Magistrate, Egmore, Madras and one Suresh Yagneswar, an Accountant of the complainant-company, was originally authorised to represent the petitioner company, who filed C.C. No. 3322 of 1994 on 11-4-1994 and subsequently, the above said Suresh Yagneswar resigned from the petitioner's company, and thereupon the complaint/petitioner's company wanted to substitute one P. Suryanarayana Rao, who is working as Deputy Manager (Accounts) to represent the petitioner in C.C. No. 3322/94 in the place of Suresh Yagneswar, and for that purpose the petitioner filed a substitution petition and the learned XIV Metropolitan Magistrate dismissed the application for substitution in Crl. M.P. No. 1388 of 1996 filed by the petitioner on 29-1-1997, and it is against this dismissal order passed in Crl. M.P. No. 1388/96 that this application under Section 482 of Cr. P.C. has been filed by the petitioner.

(3.) On hearing the learned counsel for both sides, the point that arises for consideration in this petition is as to whether the petitioner is entitled to the relief prayed for in this petition under Section 482 of Cr. P.C.