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2010 Supreme(Mad) 390

C.T.SELVAM
V. D. Manicka Mudaliar & Another – Appellant
Versus
The State by Inspector of Police, Chennai District & Another – Respondent


Advocates Appeared:
For the Petitioners:N. Manokaran, Advocate.
For the Respondents:R1, N. Kumanan, Government Advocate, R2, K. Ramesh, Amicus Curiae, Advocate.

Judgment :-

The petitioners herein seek to further investigation in Crime No.2682 of 2004 on the file of the respondent police.

2. The relevant facts are as follows:-

An agreement was entered into on 05.03.1996 between the defacto complainant and the first petitioner where under the defacto complainant was engaged for the purpose of putting up construction for the first petitioner at the rate of Rs.330/- per sq. ft. The defacto complainant had preferred a private complaint before the learned III Metropolitan Magistrate, Chennai on 03.12.2004 informing that though he had completed the construction work, the petitioners have not made payment despite repeated demands; that the petitioners proposed to sell the built up house and misappropriate the proceeds for their wrongful gain, without paying the money to the complainant to which he is entitled to, and thus, the petitioners caused wrongful loss and cheated the defacto complainant which rendered them liable for prosecution for offences under Sections 406 and 420 r/w. 34 I.P.C. The said private complaint was referred for investigation under Section 156(3) of the Code of Criminal Procedure and consequent thereto, a case in Crime No.26












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