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2024 Supreme(Mad) 453

SANJAY V. GANGAPURWALA, D. BHARATHA CHAKRAVARTHY
Kotak Mahindra Bank Limited, Rep. by its Authorized Representative P. Thiyagarajan – Appellant
Versus
R. Selvaraj – Respondent


Advocates Appeared:
For the Appellant : Karthik, E.K. Kumaresan.
For the Respondents: Manishankar, A. Nagarajan, C. Kathiravan.

JUDGMENT :

D. Bharatha Chakravarthy, J.

(Prayer: Writ Appeal under Clause 15 of the Letters Patent to set aside the order, dated 22.02.2023 passed in M.P.No.1 of 2014 in W.P.No.21836 of 2012.)

1. This Writ Appeal is directed against the order of the learned Single Judge, dated 22.02.2023 made in M.P.No.1 of 2014 in W.P.No.21836 of 2012.

2. In the said Miscellaneous Petition, the original writ petitioner had made a prayer that the Court would be pleased to cause an inquiry under Section 340 of the Code of Criminal Procedure, 1973 against the appellant herein and its officials and direct filing of complaint against them. The learned Single Judge passed an order directing the Registry to frame a complaint and file the same before the learned Chief Metropolitan Magistrate, Chennai. The operative portion of the order contained in paragraphs Nos.17 and 18 reads as hereunder:-

    "17. In light of the aforesaid discussion, I have no hesitation in directing the Deputy Registrar, Criminal Section, High Court, Madras to frame a complaint, in terms of Section 340 of Cr.P.C. for transmission to the Chief Metropolitan Magistrate, Chennai for framing appropriate charges and taking further action in acco

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