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TMI Blog2012 (12) TMI 310X X X X Extracts X X X X X X X X Extracts X X X X ..... riate stage before the learned Magistrate itself. However, personal appearance of the petitioner on each date of hearing in the facts and circumstances shall remained dispensed with and he shall be permitted to appear through his counsel subject to the condition that the petitioner shall file an undertaking that his counsel shall appear on each date of hearing and he shall have no objection if the evidence of the complainant is recorded in his absence and he shall appear on such day/days when his presence is required by the learned trial Magistrate for which intimation shall be given to the counsel appearing from him - The criminal misc. petition is dismissed as withdrawn. X X X X Extracts X X X X X X X X Extracts X X X X ..... 25.03.2009 (Annexure P7) by the learned Judicial Magistrate 1st Class, Faridabad. The complainant though in terms of the judgment of the Hon'ble Supreme Court in National Small Industries Corporation Ltd. v. Harmeet Singh Paintal and another (2010) 3 Supreme Court Cases 330 is to show as to how the petitioner is in charge of and responsible for the conduct of the business of the company, however, there is considerable delay in approaching this court. The stage at which the proceedings are at the trial Court is not known. Normally once the criminal proceedings have been initiated, this court is exercise of its inherent jurisdiction would be reluctant to interference at an interlocutory stage. Therefore, in the facts and circumstances, the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elp and after deep consideration over the entire matter, to my mind, there is no merit in the instant petition in this context. 8. Ex facie, the solitary argument of learned counsel that since the complainant did not specifically plead as to how the petitioner-accused was responsible for day to day functioning of the accused-company, so, the impugned complaint and orders are liable to be set aside, is not only devoid of merit but misplaced as well. 9. As is evident from the record, that there are direct allegations in the complaint (Annexure P7) that M/s Possible Automobiles Private Limited is private company, incorporated and registered under the Companies Act, 1956, having its registered office at village Ambota Gagret on Hoshiarpur-Mub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt direction. Such impugned orders, containing valid reasons, cannot possibly be interfered with by this Court at this initial stage, in exercise of powers conferred under section 482 Cr.PC, unless and until, the same are illegal, perverse and without jurisdiction. Since no such patent illegality or legal infirmity has been pointed out by the learned counsel for the petitioner-accused, so, the impugned orders (Annexures P8 & P12) deserve to be and are hereby maintained in the obtaining circumstances of the case. 13. No other point, worth consideration, has either been urged or pressed by the learned counsel for the petitioner. 14. In the light of aforesaid reasons, as there is no merit, therefore, the instant petition is hereby dismissed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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