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2018 (1) TMI 1710 - HC - Indian LawsSeeking quashment of charges - It is the case of the prosecution that the accused were running Gayathri Chits (A-1) and Selvam Finance (A-2) and they had collected deposits from about 37 persons to the tune of Rs.1,06,91,632/- and had defaulted in making the payment - Section 305 Cr.P.C. - HELD THAT:- The definition of the word "person" in Section 11 of the Indian Penal Code can be incorporated into the provisions of the Code of Criminal Procedure. In this case, there can be no cavil that Gayathri Chits (A-1) and Selvam Finance (A-2) fall within the definition of "person" as defined in Section 11 of the Indian Penal Code. Therefore, they can be prosecuted for the offences under the Indian Penal Code as well for the offences under the TNPID Act. This issue is no more res integra, in the light of the law laid down by the Supreme Court in IRIDIUM INDIA TELECOM LTD. VERSUS MOTOROLA INCORPORATED [2010 (10) TMI 85 - SUPREME COURT]. Who should represent Gayathri Chits (A-1) and Selvam Finance (A-2) before the Trial Court? - HELD THAT:- It is not the duty of the prosecution nor the Court to nominate the person to represent Gayathri Chits (A-1) and Selvam Finance (A-2). Section 305 Cr.P.C., clearly states that the accused Corporation may appoint a representative for the purpose of the inquiry or trial. Dictates of common sense demands that some human being must represent A-1 and A-2 to answer the charges, engage an advocate to defend them and answer the questions under Section 313 Cr.P.C., etc - liberty is given to Gayathri Chits (A-1) and Selvam Finance (A-2) to appoint anyone to represent them before the Trial Court and that can be one of the accused or an outsider also, but, with due authorization under the seal of Gayathri Chits (A-1) and Selvam Finance (A-2). However, this cannot be a ground for discharging the present petitioner/A-9 from the prosecution. This Criminal Revision Case is devoid of merits and hence, it is dismissed.
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