SENTHAMARAI Vs. G K CHENNIAPPAN

JUDGEMENT

(1.) PETITION filed under Sections 397 and 401 of Cr.P.C. against the order of the learned Judicial Magistrate No.1, Gobichettipalayam, in Crl.M.P.No,960 of 2005 in C.C.No,68 of 1999 dated 29.04.2005.) Animadverting upon the order dated 29.04.2005, passed by the learned Judicial Magistrate No.1, Gobichettipalayam, in Crl.M.P.No,960 of 2005 in C.C.No,68 of 1999, this Criminal Revision case is focussed.

(2.) A summation and summarisation of the relevant facts which are absolutely necessary and germane for the disposal of this Criminal Revision case would run thus: The revision petitioner/accused No,2 Senthamarai in C.C.No,68 of 1999, which was filed by Giri Ram Finance and Leasing (P) Ltd under Section 138 of the Negotiable Instruments Act, files this revision on the main ground that the complaint was filed by the said Private Limited Company represented by one of its Directors, namely Thangavelu, whereas during the pendency of the said C.C.No,68 of 1999, Crl.M.P.No,960 of 2005 was filed for replacing Thangavelu with the Managing Director, namely Chenniappan without any basis the said Thangavelu on behalf of the Private Limited Company received the amount in discharge of the claim in the complaint if Thangavelu is left out and in his place, Chenniappan is included, certainly the defence of the accused would be prejudiced without passing any resolution for such replacement of the Director to represent the complainant Company, the said application Crl.M.P.No,960 of 2005 was filed and it was erroneously allowed by the Magistrate concerned.

(3.) THE learned counsel for the revision petitioner would submit that during the pendency of the complaint which was focussed for recovery of a total sum of Rs.7,00,000/- based on two cheques, one for Rs.2,00,000/- and another for Rs.5,00,000/- the accused herein the revision petitioner parted with the amount in favour of the Company through Thangavelu who was representing the complainant Company, but to the shock and surprise, without any sound ground, the Court allowed one Chenniappan to step into the shoes of Thangavelu, who was ordered to be removed from the cause title.