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2009 Supreme(Mad) 3516

T.SUDANTHIRAM
G. R. Karthikeyan Founder Trustee of P. S. Govindaswamy Naidu and Sons Charities – Appellant
Versus
G. Rangaswamy Managing Trustee of P. S. Govindaswamy Naidu, Coimbatore – Respondent


Advocates Appeared:
For the Petitioner:A Ramesh, Senior Counsel for R. Karthikeyan, Advocate.
For the Respondent:S. Ashok Kumar, Senior Counsel for P. Maheshkumar, Advocate.

Judgment :-

The revision petitioner herein filed a private complaint under Section 200 Cr.P.C., against the respondent herein for an offence under Section 415 read with 417 of IPC. The learned Judicial Magistrate VI, Coimbatore, after recording sworn statement of the petitioner, dismissed the complaint under Section 203 Cr.P.C. Aggrieved by the order passed by the learned Magistrate, the revision petitioner herein has preferred this criminal revision.

2. The gist of the complaint is that the complainant is one of the Founder Trustee of the P.S. Govindaswamy Naidu and Sons Charities, a public charity trust which was established in the year 1926 and a scheme of administration was framed by the Principal Sub Court, Coimbatore in O.S.No.145 of 1935 by its decree dated 29.02.1936. According to the complainant, the decree under Chapter VII has laid down that the Board of Trustees are vested with the duty of the management of the property and funds of the trusts and shall have the full control over the financial charges and that the board shall arrange for the maintenance of proper accounts for the annual and concurrent monthly audit. The accused who is one of the Founder Trustees was elec


























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