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2022 Supreme(Online)(MAD) 62

HIGH COURT OF MADRAS
Hon`ble Mr Justice N. SATHISH KUMAR
PINKU@ DHARMENDRA BAFNA – Appellant
Versus
THE INSPECTOR OF POLICE – Respondent


O R D E R

(This case has been heard through video conference)

This Criminal Original Petition has been filed to set aside the order dated

22.08.2017 in Crl.R.C.No.36 of 2015 passed by the I Additional Judge, City Civil Court, Chennai against Crl.M.P.No.5083 of 2014 and discharge the petitioner from the case pending trial in C.C.No.734 of 2011 before the learned XI Metropolitan Magistrate, Chennai.

2. The crux of the allegation in the final report filed against the petitioner and the other accused, who were arrayed as A1 and A2 is that the respondent/de facto complainant has invested a sum of Rs.4.65 Crores through the petitioner at the instigation of A1 between 06.10.2005 and 17.11.2005 towards gold and silver on-line trading. The invested amount and profits derived were not returned to the de facto complainant and the said amount has been misappropriated by the accused persons. The final report was proceeded as against both the accused/A1 and A2, since they have conspired together and committed the offence under Sections 406, 420 and 120-B IPC. Challenging the final report, the accused filed the petitions in Crl.O.P.No.51 of 2010 and Crl.O.P.No.780 of 2010 before this Court to quash

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