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2015 Supreme(Mad) 3492

IN THE HIGH COURT OF MADRAS
B. Rajendran, J.
C.K. Rajappa and Ors. – Petitioners
Vs.
M. Ganesan and Ors. – Respondents
Criminal Revision Case No. 289 of 2015
Decided On : 27-11-2015

Advocates:
Advocate Appeared:
For the Petitioners: McGan Law Firm
For the Respondents: M. Mohammed Rafi

Headnote:

Criminal Procedure Code,1973 - Section 190(1)(a), 417, 485, 487, 468 ,471 and 156(3) - First Information Report – Anticipatory Bail – Dishonor of cheque - Respondent approached revision petitioners by representing that he is having lot of contacts with government officials and he will be in a position to obtain a lifting contract to first revision petitioner - To this effect a memorandum of understanding came to be executed between first respondent and first revision petitioner and on execution of same first revision petitioner paid a sum of crores to first respondent herein initially out of crores agreed to be paid by first revision petitioner - However first respondent could not get through contract as promised - Therefore first respondent decided to repay amount crores received by him - Held, Therefore trial court concluded that summary refusal on part of investigation officer to cause investigation in to complaint given by respondent is not proper - As rightly pointed out by trial court even though the complaint given by first respondent appears to be one and same as that of case registered in Crime very dispute relating to payment of additional crores as alleged by first respondent requires to be examined separately especially when he admits that he has received only crores and it was repaid by him - Trial court also concluded that a major portion of the amount was made in cash for which original receipts itself has not been produced or investigated into - Criminal Revision Case is dismissed.

ORDER :

B. Rajendran, J.

1. The first respondent herein has filed a Complaint under Section 190(1)(a) of the Code of Criminal Procedure Code before the trial Court in Crl.M.P. No. 6375 of 2014 praying to direct the second respondent herein to register a first information report against the revision petitioners herein for the offence under Section 417, 485, 487, 468 and 471 of IPC. The said application was allowed by the Court below on 25.03.2015 directing the Deputy Commissioner of Police to depute an Inspector of Police to register a first information report, carry out investigation thereof and to file a final report before the Court below. Aggrieved by the said order dated 25.03.2015 of the Court below, the present Criminal Revision Case is filed by the revision petitioners.

2. The facts of the case which culminated in the order dated 25.03.2015 passed by the Court below is that earlier, the first respondent approached the revision petitioners by representing that he is having lot of contacts with the government officials and he will be in a position to obtain a lifting contract to the first revision petitioner herein. To this effect, a memorandum of understanding dated 01.08.2011 came to be executed between the first respondent and the first revision petitioner herein and on execution of the same, the first revision petitioner herein paid a sum of Rs. 3 crores to the first respondent herein initially out of Rs. 10 crores agreed to be paid by the first revision petitioner. However, the first respondent could not get through the contract, as promised. Therefore, the first respondent decided to repay the amount of Rs. 3 crores received by him. However, the first respondent came to know that the revision petitioners herein have entered into a criminal conspiracy and forged his signature to make it as if the first respondent received an additional amount of Rs. 7 crores. In this connection, the first respondent has given a complaint dated 07.08.2014 to the Commissioner of Police, Chennai praying to register a first information report against the revision petitioners for the offences punishable under Section 406, 420 and 506(ii) of IPC. On receipt of the complaint dated 07.08.2014, the Inspector of Police, Central Crime Branch sent a reply dated 22.09.2014 to the first respondent herein stating that already a case in Crime No. 247 of 2014 was registered in connection with the very same transaction and therefore, the complaint given by the first respondent will also be investigated at the time of causing investigation in Crime No. 247 of 2014. Aggrieved by the same, the first respondent has filed the complaint under Section 190(1)(a) of Criminal Procedure Code in which the order dated 25.03.2015 was passed by the Court below.

3. The learned counsel for the revision petitioners would contend that the complaint dated 07.08.2014 given by the first respondent is not maintainable inasmuch as already a case in Crime No. 247 of 2014 was registered against the first respondent herein, his son and wife at the instance of first revision petitioner herein. Pursuant to registration of the case, the first respondent and his son were arrested and remanded to judicial custody and thereafter, they were let off on bail. Aggrieved by the same, as a counter-blast to the registration of the case in Crime No. 247 of 2014, the present complaint has been filed by the first respondent herein before the Court below. The Court below, without taking note of the fact that already a case in Crime No. 247 of 2014 has been registered in connection with the same transaction, directed the Deputy Commissioner of Police to depute an Inspector of Police to register a first information report on the basis of the complaint given by the first respondent herein, which is legally not sustainable. According to the counsel for the revision petitioners, the case in Crime No. 247 of 2014 came to be registered on a specific complaint that the first respondent herein has obtained





























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