IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 Crl.MC.No. 1634 of 2006() ------------------------------- AGAINST THE ORDER DATED 23/03/2006 IN ST 55/2006. IN ST.190/2005 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O), ERNAKULAM .................... PETITIONER(S): ACCUSED NO. 2 AND 3. ----------------------------------------------- 1. HEMANT BANGUR, 8, ST.GEORGE GATE ROAD, CALCUTTA 700 022. 2. RAJENDRA DALAL, 5 PARK VIEW, OPPO.LITTLE GIBBS ROAD, MUMBAI 400 006. BY ADV. SRI.A.P.SUBHASH RESPONDENT(S): COMPLAINANT AND STATE. ----------------------------------------------------- 1. THE ASSISTANT REGISTRAR OF COMPANIES KERALA, COMPANY LAW BHAVAN, B.M.C.ROAD, THRIKKAKKARA, KAKKANAD, KOCHI 21. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. R1 BY ADVS. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR SRI.JOHN VARGHESE, ASSISTANT SG R2 BY PUBLIC PROSECUTOR SRI. I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC.NO.1634/2006 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A:COPY OF COMPLAINT DATED 29/04/2005 FILED BEFORE THE ADDL. CHIEF JUDICIAL MAGISTRATE COURT (E.O.)COURT, ERNAKULAM, NUMBERED AS S.T.190/2005. ANNEXURE B:COPY OF ORDER DATED 23/03/2006 IN S.T.190/2005 (REFILED AS S.T. 55/06) OF ADDL. CHIEF JUDICIAL MAGISTRATE (E.O.) ERNAKULAM. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No.1634 of 2006 - - - - - - - - - - - - - - - - Dated this the 27th day of July, 2011. O R D E R Heard the learned counsel for the petitioners and the learned Public Prosecutor. 2. The petitioners are accused Nos. 2 and 3 in S.T. No. 55 of 2006 on the file of the Additional Chief Judicial Magistrate (Economic Offence) Court, Ernakulam for an offence punishable under Section 209(5) of the Companies Act. I am not inclined to quash the charge at this stage. It is open to the petitioners to file appropriate application before the trial court. If such an application is filed, the learned Magistrate shall pass appropriate orders thereon. The learned counsel for the petitioners states that they are business people and their presence may not be insisted upon before the trial court. If an application under Section 205 Cr.P.C is filed on or before 10.08.2011 before the trial court, the learned trial court shall permit the petitioner to appear through counsel on such terms and conditions it deems fit. This Crl.M.C is disposed of as above. sd/-B.P. RAY, JUDGE. rv