VIJAYRAJ SURANA Vs. SURANA CORPORATION LIMITED

JUDGEMENT

(1.) The Criminal Revision Case has been filed to set aside the order passed by the learned IX Additional Special Judge for CBI Cases, Chennai, in Crl.MP.No.4118 of 2018 in C.C.No.36 of 2013, dated 06.12.2018 filed by the petitioner, dismissing the petition filed under Section 305(5) Cr.P.C., to relieve the petitioner as representing the M/s Surana Corporation Limited (3rd accused) and issue notice to the 3rd accused.

(2.) Crux of the prosecution case is as follows:-

(3.) The petitioner had filed a petition under Section 305(5) Cr.P.C., seeking to relieve him from representing the 3rd accused company on the ground that he was holding the post of Managing Director of the M/s Surana Corporation Limited (3rd accused) from 04.03.2004 to 04.11.2015 and that he resigned from the 1st respondent/3rd accused company on 04.11.2015 and also resigned from the Board and same was duly intimated to the statutory and regulatory bodies. The petitioner had further claimed that the Form No.DIR-111 was duly submitted to the Registrar of Companies by the petitioner and that his date of appointment is 04.03.2004 and date of resignation is 04.11.2015. Since he is no longer associated with the 3rd accused company and that the 1st respondent/3rd accused company is under the management of one Dinesh Chand Surana, as a major share holder and promoter, the petitioner had filed the petition seeking to relieve him as he is not representing the 1st respondent/3rd accused and issue notice to the present management of the 3rd accused company.