THIRUCHENGODE AGRICULTURAL PRODUCERS COOPERATIVE MARKETING SOCIETY LTD Vs. EMPLOYEES' STATE INSURANCE CORPN

JUDGEMENT

(1.) THIS criminal original petition has been preferred under S.482 of CrPC by the petitioners / accused in CC No. 27335 of 2004 on the file of the II Metropolitan Magistrate, Egmore, Chennai, seeking an order to call for the records relating to the said proceeding and quash the same.

(2.) MR . AR. L. Sundaresan, learned Senior Counsel appearing for the petitioners has assailed the impugned criminal proceeding mainly on the two grounds and pleaded to quash the proceeding under S.482 CrPC.

(3.) HOWEVER , though the notice was received by the petitioners herein on 20/05/2004, the complaint was filed only on 15/07/2004 hence the criminal proceeding is not legally sustainable. In the copy of the complaint filed in the typed set, the date of complaint is not available. The petitioners have specifically stated that the date of filing the complaint is 15/07/2004 in para No. 20 of the complaint and there is no specific denial of the said date by the respondent.