IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 18TH MARCH 2011 / 27TH PHALGUNA 1932 Crl.MC.No. 864 of 2011() ------------------------ CC.468/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, ATTINGAL .................... PETITIONER(S): ACCUSED: ------------------------------------------ 1. BHARATHEEYA MANAVIK VIGYAN COMMUNICATIONS LTD.,STUDIO COMPLEX, CHITHRAPURAM,KOCHAR ROAD, SASTHAMANGALAM, THIRUVANANTHAPURAM-10, REP.BY ITS MANAGING DIRECTOR. 2. MANAGING DIRECTOR,M/S. BHARATHEEYA MANAVIK VIGYAN COMMUNICATIONS LTD., STUDIO COMPLEX,CHITHRAPURAM,KOCHAR ROAD, SASTHAMANGALAM,THIRUVANANTHAPURAM-10. 3. CHAIRMAN,M/S. BHARATHEEYA MANAVIK VIGYAN COMMUNICATIONS LTD. STUDIO COMPLEX,CHITHRAPURAM,KOCHAR ROAD, SASTHAMANGALAM,THIRUVANANTHAPURAM-10. BY ADV. SRI.T.D.ROBIN RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------------------------------------- 1. SANTHOSH S.PONGANAD, PROPRIETOR, M/S.DHABUSH CREATIONS, NEDUVILA HOUSE, PONGANADU PO, KILIMANOOR, THIRUVANANTHAPURAM 695 001. 2. S.P.VELAYUTHAM,S/O.GENGAN SABAPATHY, MANAGING DIRECTOR,M/S.BHARATHEEYA MANAVIK VIGYAN COMMUNICATIONS LTD., 42/3, DR.NARASIMHAN SALAI,2ND STREET,2ND LANE,NORTH BOAG ROAD, T.NAGAR, CHENNAI,TAMIL NADU NOW RESIDING AT NO.5,SABARISALAI,MADIPAKKAM,TAMIL NADU 600 091. 3. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R3 BY PUBLIC PROSECUTOR SMT. M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/03/2011 ALONG WITH CRMC.NO.867 OF 2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P.JOSEPH, J. ======================================= Crl. M.C. Nos.864, 867, 868, 871 & 875 of 2011 ======================================= Dated this the 18th day of March, 2011 O R D E R These petitions are preferred by the accused in C.C. No.468 of 2008, S.T.No.1805 of 2007, 130 of 2010, 131 of 2010 and 683 of 2008, respectively of the court of learned Judicial First Class Magistrate-II and learned Judicial First Class Magistrate-VII, Thiruvananthapuram. In all the cases a Private Limited Company, its Managing Director and/or its Chief Executive are the accused. They face trial for offence punishable under Section 138 of the Negotiable Instruments Act. Petitioners say that second respondent has purchased shares of the said Company, is presently its Managing Director and hence he is to be impleaded as additional accused in the case. For the said purpose these petitions are filed under Section 482 of the Code of Criminal Procedure (for short, “the Code”). I have heard learned Public Prosecutor also. 2. It is not disputed that as on the date the offence was allegedly committed second respondent was nowhere in the picture. The Company which allegedly committed the offence is CRL.M.C. No.864 & connected cases -: 2 :- impleaded as accused in all the cases and is represented by its (then) Managing Director. If there is any change in the Managing Director of the Company it is open to the new Managing Director to move appropriate application before the learned Magistrate to allow him to represent the Company as its Managing Director. This Court in Madhavi v. Thuppan (1987 (1) KLT 488) has held that though Sec.482 of the Code is not available to the subordinate criminal court, those courts are not without any power and that for the ends of justice it can exercise ancillary powers. 3. Prayer in this petition is to implead the second respondent as additional accused in the cases which does not arise for two reasons. Firstly, such an order cannot be passed under Sec.482 of the Code and secondly, impleadment of an accused is within the power of the trial court once the case is taken on file and charge framed, to be exercised under Sec.319 of the Code. Admittedly the second respondent allegedly became Managing Director of the Company only after the commission of the offence and institution of prosecution. Hence question of impleading any accused under Sec.482 of the Code does not arise. But it is open to the second respondent if he so wished to CRL.M.C. No.864 & connected cases -: 3 :- request the court concerned to permit him to represent the Company of which he is (said to be) the Managing Director. With the above observations these Criminal Miscellaneous Cases are closed. THOMAS P. JOSEPH, JUDGE. vsv