When charge quashed by hc against one accused does he needs to appear before trial court?
Rajat sahotra
(Querist) 30 November 2013
This query is : Resolved
UNDER PFA Act distributer companies GENERAL MANAGER IS MADE ACCUSED ON THE APPLICATION FILED BY SHOPKEEPER UNDER 20-A OF PFA ACT.
The accused GM of the distributor Co.also made an application to implead manufacturer from whom he purchased the said material and that application is allowed and summoned were issued against Manufacturer whose service is still pending.
THE CHARGE IS FRAMED AGAINST accused GM of distributor company AND Thereafter he moved to HC for quashing of charge under 482 Crpc on the ground that he is not the person under sec-17 of the PFA Act who is directly responsible for conduct of the business(nether a director nor nominee)and is also not the declared nominee on behalf of distributor company.he is a employee working as GM and looking after finance work of the company?.
The Charge against the GM is quashed by the HC with further direction "that the Court
shall take into account the application filed by the present petitioner while passing an order, in accordance with law.
While doing so, provisions of Section 17 of the PFA Act shall be taken into account and parties are directed to appear before trial court." (Copy of order attached for your reference.)
Now the only application file by the accused distributor is of impleading manufacturer as accused which is already decided and manufacturer is summoned.
seniors if can advise whether accused against whom the charge framed needs to appear before the trial court if yes than whether he needs to file an application for his own deletion as accused based on the order passed by HC.?
or any other process to be followed by accused GM of distributor Co.
ajay sethi
(Expert) 30 November 2013
he needs to appear before trial court file certified copy of court order .
Rajendra K Goyal
(Expert) 30 November 2013
Certified copy of the High court orders has to be submitted in the trial court by the GM.
Uday Kumar
(Expert) 04 May 2014
Well stated by the experts, Trial court has to be informed in person or through Lawyer with a certified Copy of HC order and take proper discharge from the trial court.
Regards
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