JUDGMENT

The Criminal Revision Case has been filed to set aside the order dated 01.09.2021 made in Criminal Appeal No.76 of 2013 on the file of IV Additional City Civil and Sessions Court, Chennai as well as the order dated 07.03.2013 made in C.C.No.4901 of 2010 on the file of X Metropolitan Magistrate, Egmore, Chennai – 8.

2.The petitioner/first accused was charged and prosecuted under Sections 379 and 201 IPC by the Sub Inspector of Police, V1, Villivakkam Police Station, Chennai – 49.

3.The case of the prosecution is that the complainant/PW1 Deenadayalan is working in delivery section as incharge in KUN Motorcycle Pvt., Ltd., at No.33, 1st Main Road, Kasthuribai Nagar, Adyar, Chennai. He was entrusted with the possession of his company Santro Hyundai Car bearing registration No.TN-07-AL-9628 for the purpose of transporting men and accessories. On 15.05.2010 at about 9.00 p.m., the complainant Deenadayalan PW1 parked his company car with spare parts viz., 12 Watt Batteries (21 Nos), 12 Watt 7 AM Batteries (3 Nos), Two Wheeler Petrol Tank (1 No), Head lite (1 No.), Rear cover (1 No.) and Mud-cord (1 No.), in the corner of the opposite road to the Provisional Store and locked it and