9911796707
TMI Blog2003 (2) TMI 352X X X X Extracts X X X X X X X X Extracts X X X X ..... far as the petitioners are concerned. The petitioners, in the similar petitions filed in both the cases, would submit that they were the directors of Rama Sayee Agro Industries Limited, a company registered under the provisions of the Companies Act, and the respondent initiated the legal proceedings against the company and all the directors including the petitioners under section 58A of the Companies Act and rule 3( a ) of the Companies (Acceptance of Deposits) Rules, 1975; that the said complaints have been filed by the respondent on February 22,1984, in the Court of the Judicial Magistrate No. VII, Tiruchirapalli and on petitions filed by the petitioners, this court quashed the proceedings against one of the accused and remitted the cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al liquidator under section 446 of the Companies Act has been unnecessarily dragged on. For all such reasons, the petitioners would pray for the reliefs extracted supra. No counter even would be filed on the part of the respondent explaining their stand and therefore this court is left with no choice but to pass orders based on the pleadings of the petitions, having regard to the materials placed on record and upon hearing learned counsel for both. During arguments, learned counsel appearing on behalf of the petitioners would submit that these are the very long pending cases, which were instituted as early as in the year 1984 and in fact, the company itself has been wound up in the year 1994, in spite of which the directors took steps t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iminal proceedings is wholly or partly attributable to the dilatory tactics adopted by the accused concerned or on account of any other action of the accused which results in prolonging the trial. In other words, it should be shown that the criminal proceedings have remained pending for the requisite period mentioned in the aforesaid clauses of paragraph 2 despite full co-operation by the accused concerned to get these proceedings disposed of and the delay in the disposal of these cases is not at all attributable to the accused concerned, nor is such delay caused on account of such accused getting stay of criminal proceedings from the higher courts. Accused concerned are not entitled to earn any discharge or acquittal as per paragraphs 2( a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ffences against the State", and since the cases in hand are pertaining to misappropriation of public funds and the de facto-complainant itself being the State, the benefits of the said judgment could not be extended to the petitioners and would pray to dismiss both the above criminal original petitions. In consideration of the facts pleaded, having regard to the materials placed on record and upon hearing learned counsel for both, what comes to be known from both the above criminal original petitions is that the respondent initiated the proceedings against the petitioners for an offence punishable under section 58A of the Companies Act and rule 3( a ) of the Companies (Acceptance of Deposit) Rules, 1975 in the year 1984, which came to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elief for the petitioners either discharging them under the relevant provisions of the Code of Criminal Procedure or doing anything constructive but only granting adjournments all these years as a result of which, ultimately, the petitioners have come forward to initiate the above proceedings under section 482 of the Code of Criminal Procedure. Both counsel appearing for and against would only show the norms prescribed by the honourable apex court for the trial courts regarding the discharge or acquittal without throwing more light on the subject and this court is at a loss to understand as to why the trial court has not made any decision nor conducted the trial. The "Common Cause" judgment reported in AIR 1996 SC 1619; [1998] 94 Comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cused to file an application under section 482 of the Code of Criminal Procedure and the criminal courts, since bound by the said judgment itself, have to act in accordance with the directions of the said judgment and only since the case in hand could not squarely brought under the purview of the said judgment of the honourable apex court, the merits of this petition has to be decided in application of the parameters that the High Court is empowered to under section 482 of the Code of Criminal Procedure and based on the proposition of law pronounced by the upper forums particularly that of the honourable apex court and the various Benches of the High Courts. Be that as it may. Now, the point before this court is "whether the proceedings i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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