TMI Blog2018 (1) TMI 1710X X X X Extracts X X X X X X X X Extracts X X X X ..... al 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 hu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d collected deposits from about 37 persons to the tune of Rs.1,06,91,632/- and had defaulted in making the payment. Hence, on the complaint of one of the depositors, First Information Report was registered in Crime No.2 of 2016 and after completing the investigation, the police have filed the final report as stated above. While so, the petitioner/A-9 filed Cr.M.P.No.2958 of 2017 in C.C.No.4 of 2017 under Section 239 of the Code of Criminal Procedure for discharge and also filed a Miscellaneous Application in Cr.M.P.No. 3790 of 2017 for raising additional grounds. The Trial Court, by the impugned order dated 08.11.2017, has dismissed the discharge application, aggrieved by which, the petitioner/A-9 is before this Court. 2. Heard the learn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m Finance (A-2) have been shown as being represented by all its partners, namely A-3 to A-10, which is in violation of Section 305 Cr.P.C., and, therefore, the prosecution should be quashed. 5. In the opinion of this Court, violation of the provisions of Section 305 Cr.P.C., cannot entail quashment of the charges as it is purely procedural in nature. Section 305 Cr.P.C., reads as follows: 305. Procedure when corporation or registered society is an accused.- (1) In this section, corporation means an incorporated company or other body corporate, and includes a society registered under the Societies Registration Act, 1860 (21 of 1860). (2) Where a corporation is the accused person or one of the accused persons in an inquiry or t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 11 of the Indian Penal Code defines the word person as follows: The word person includes any Company or Association or body of persons, whether incorporated or not. 7. Thus, a person would include not only a Company or Association, but also, a body of individuals whether incorporated or not. 8. Section 2(y) of the Code of Criminal Procedure reads as follows: words and expressions used herein and not defined but defined in the Indian Penal Code (45 of 1860) have the meanings respectively assigned to them in that Code. 9. From the above, 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 n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thri Chits (A-1) and Selvam Finance (A-2), then they will have to suffer the consequences and cannot plead prejudice at a later point of time. Hence, 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. 12. The learned counsel for the petitioner/A-9 submitted that the provisions of Section 219 Cr.P.C., will apply, inasmuch as for the transaction that is said to have taken place from 2006-2016, a single charge sheet has been ..... X X X X Extracts X X X X X X X X Extracts X X X X
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