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jagadeeswari (dy.manager)     23 December 2010


I worked in a nidhi company for 15 months at a Branch of the company.  Later on transferred to another Branch.  The company ran into troubles due to mismangement and "run" on its deposits.  The Branch was finally merged and shifted to Chennai.

       The depositors filed a police complaint against the company and the Board of Directors, the Chairman, and the Dy.Manager of the company.  At that time I was not there at that Branch.  There is no complaint against me and my name did not figure in FIR.  The police have included me as A9 in the case and the trial has not yet started even after 10 years.  I filed a discharge petition which the court dismissed. , in 2004.

       The Board of Directors, who are quoted as A1 to A6 were discharged from the case in 2009.

        The Board of Directors all along mis-guided me that they would include me also in the discharge petition of theirs.  But did not include me. 

       Now, that the Board of Directors are discharged from the case, what is my position.  I would like to seek relief from High Court as the Addl.2nd Class Magistrate court is yet to take up the trial.

      What the law says?  Is there any covered judgement, which will benefit me.

      Can any one helpe in this quoting the useful judgements.






 10 Replies

Dr.Sidharth Arora (Advocate)     24 December 2010

Trial has not started after 10 years???????????????where is this happening>>>???

Dr.Sidharth Arora



1 Like

jagadeeswari (dy.manager)     24 December 2010

Dr.Arora Sahib,

     Thank you very much for your reply.  I just spoke to you on behalf of my niece.  Your kind talk has given us lot of confidence.  With regards,


JT Rajasuriya, Chennai (Advocate 98410 53790)     25 December 2010

When the Board of Directors have themselves obtained discharge, it should be much easier for you now.

1 Like

N.R.Kaushik (practicing Advocate)     25 December 2010

as u have filed discharge petition and the same is been dismissed u can approach sessions court by way of appeal or high court by way of revision but u cannot approach high court u/s 482 crpc for quashing the chargesheet ,as A1 To A6 been discharged from the case i dont think u will have problem in getting urself discharged from the case by way of appeal or revision

1 Like

N.R.Kaushik (practicing Advocate)     25 December 2010

and also the trial been kept pending for 10 yrs its clear abuse of process of the court so u dont have to worry u will get a favourable order by way of appeal

1 Like

N.R.Kaushik (practicing Advocate)     25 December 2010

if u need my guidance pls contact me my mobile no. is 9940188166

1 Like

jagadeeswari (dy.manager)     26 December 2010

Respected Shri Kaushik,

       As the discharge petition is dismissed in the year 2004, my lawyer at lower court says, you can not file appeal or revision petition in sessions court.  Let me know your views.  With regards,

jagadeeswari (dy.manager)     24 January 2011

A stay for six weeks is granted by High Court on the proceedings at Lower Court. 

     Notices have been sent for answer.  What are my chances of  getting the Charge sheet quashed? regards. jagadeeswari

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     24 January 2011

You will get relief.

1 Like

jagadeeswari (dy.manager)     26 March 2015

Now a stay has been sanctioned by High Court of AP in April 2011  and the case is still pending . The lower court has been instructed not to proceed against me.  

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