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S Santhanam vs M/S Kamal Silk House on 24 March, 2009

Karnataka High Court
S Santhanam vs M/S Kamal Silk House on 24 March, 2009
Author: Manjula Chellur
IN rm nmn com:-.:: or Kammmm, 

mm TRIS arm 24''" my or lfi;RCI1¢«':.:a«'»..'.'f§I{§s'§' . "  .

rm H0i,~I'BI.E ms. Jusflck;  7
m.2:..p.1wc._1a14)".?o'cs 2 " . ' "
smwzmz ' " V
S. Santhanam 92 
s/o M. swamxiathan   _ 7
R./at 'fiahirwad, 
2/7,12" C::oss__   
Rajmhal vna; vlsxtggnsidgzti  *  ' 
Bangalore-56o'j;;o3o .     -   PETITIONER

Wu. Kanzal -S113: "E<s~«:.sé=
A registered' partnership
Bzxsrguegs  registered
  

_  M1; , hévihg its office at
  Flaor, "Mala
 cmpiax-'«"'._," 

Tewle 
 002
 by its Partner

 9. x; _P:"r;akash . . . tzaspowmw

This C211'. is filed under Section 482 of

€'.'R.P.C by the Advocate fear the petitioner praying

_Ht.7hat this non'h3.o court may be placed to at

aaida tha order of tailcing cognizance dated.
19.4.2006

on the file of the XV Addi. cm,
Bangalore in C.c.sc.1D’?60/200′? and quash the
procmding; against the petitioner.

This €.’::J..P coming on for ADHISSIGK
the aorurt mas the following: ” ;_.

Eeard. the ‘uC:c1:1i;e1A

petitioner and perused the

2. The order of §i’99’%.rdi.ng
the claim of _ to quash the

proceedings and section

245(2) of <f..a.~';g_.:t'_'=: a–;3L.3-to

3. fiatitioner, he was a
nomimfateci 1 –t.””uerefore he had nothing
to ccmany. Over and above

_ in” $063.7′ i1eéT.res$.gned as a Director.

the time of transaction, or

issuance of cheque or on the data

of cheque ho was a Director of tho

. é therefore, the proceedings should be
against him under section 482 of C:x:.P.C.

To substantiate the aontention of the

petitioner, there is nothing on 3.-aoord. at this

stage to show that he was a nominated Director

and at the rejhavant point of time, he took active

part in the day-tow-day affaizrs ‘

administration of the first accused. §céy§§y§»

That apart, though a J.ette:: aa_ $53’

placed regarding his propcséq. czgf

Dix.-wtox of the first

nothing else an recard ‘:2hpu’ letter
was acted won the
contentions are be decided
in a tulxwgléfiad §r;@i:’f3§3t§;§ stage, withcut
any gontentions of the
the laarnm counsel

for ‘be accepted.

_ acodiclingly. cr.i.:u.’i.na1 petition is

shall ewedite the matter,
3% to be aged about 92 years

sd/~*
Judge

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