K KALIAKOTTUDAYAM Vs. RAJENDRAN

JUDGEMENT

(1.) The revision is directed against the dismissal of the petition filed by the second and third accused who are the Directors of the first accused company seeking permission to represent their cases through their representative invoking the provision under Section 305 of the Code of" Criminal Procedure.

(2.) The fact remains that the company, the first accused along with these two petitioners has been prosecuted u/S 138 of the Negotiable Instruments Act. These petitioners arrayed as second and third accused filed petition under Section 305 of Code of Criminal Procedure seeking permission to represent not only the company but also the Managing Director and Director of the company through a representative appointed by them.

(3.) The trial court having thoroughly adverted to the provisions of Section 305 of Code of Criminal Procedure, returned a well considered decision that a company under the provisions of Section 305 of the Code of Criminal Procedure can make a request to the Court to permit the company to represent its case through its representative appointed by it and not the Managing Director or Director of the company.