Mahendran Subramanium vs. Sasitharan Ganeshan et al. – CA 87/2020-2022

In the case between Mahendran Subramanium (Plaintiff/Complainant) and Sasitharan Ganeshan, Sathyamoorthy Haridarshan, Niranthari Thayaparan (Defendants), the court addressed whether the issuance of summons in criminal proceedings arising from allegations of falsification in the Annual Report of Built Element Ltd. for 2017 was procedurally valid and whether such criminal action could proceed alongside civil proceedings. The court held that the summons issued by the Magistrate’s Court under Section 136(1)(a) of the Code of Criminal Procedure Act, read with Sections 511 and 512(1) of the Companies Act, need not be recalled on the basis of alleged procedural improprieties or claims of material suppression. It was determined that the Magistrate’s discretion sufficed where there was prima facie