M SUNDARAM Vs. STATE

JUDGEMENT

(1.) THIS Criminal Original Petition is filed to call upon the entire records in CMP.No,8523/2005 in CC.No,279/2003 on the file of the learned Judicial Magistrate III, Coimbatore and set aside the order dated 22.8.2006 passed by the learned Judicial Magistrate III, Coimbatore in CMP.No,8523/2005 in CC.No,279/2003. THIS Criminal Original Petition is filed to set aside the order passed by the learned Judicial Magistrate III, Coimbatore in CMP.No,8523/2005 in CC.No,279/2003, dated 22.8.2006, refusing to dispense with the personal appearance of the Petitioners.

(2.) THE case of the Prosecution is that the Petitioners are the step brothers of the complainant Doriswamy and on 27.12.1980, the complainant along with his father Muthuswamy, his step mother Saraswathi entered into a deed of partnership for running a business under the name and style of M/s.Hotel Sri THEvar and in pursuance of the said deed of partnership, the complainant has entrusted a sum of Rs.35,000/- by way of share of contribution towards capital. While so, the Petitioners without the consent of the complainant entered into another partnership deed on 1.7.1981, thereby dishonestly concealed and removed the legitimate share of the complainant and thereby committed the offence under Sections 406, 418, 424, 477 of IPC.

(3.) IN case if the accused has been allowed to appear by his pleader and failed to put in appearance in spite of the direction from the learned Magistrate, the course open to the learned Magistrate is to issue summons or warrant according to the provisions of the Code. IN this case, the learned Magistrate has refused to exercise his discretion to dispense with the personal appearance of the Petitioners, without assigning any reason.