COMMON ORDER

To transfer the investigation in Crime No.11 of 2020 on the file of the 2nd respondent police to the 3rd respondent police, the criminal original petition in Crl.O.P.No.5903 of 2021 has been filed and challenging the criminal proceedings in Crime No.11 of 2020 dated 27.08.2020 on the file of the 1st respondent, the criminal original petitions in Crl.O.P.Nos.6529 & 6531 of 2021 have been filed.

2.Since all the three cases are involved in common fact of law, common order is passed.

3.The prosecution case is that the defacto complainant A.S.Chellamuthu S/o Sadaiyan and his wife Selvamathi were Chit Subscribers. M/s.Attur Thuluva Vellalar Sangam Chit Funds Pvt. Ltd., had filed three Arbitration Original Petitions, namely, A.O.P.No.10 of 2017, A.O.P.No.11 of 2017 and A.O.P.No.12 of 2017. Without notice with regard to Arbitration proceedings, the Deputy Registrar of Chits, Salem East (Arbitrator) passed exparte award in all A.O.Ps. There is no arbitration agreement between the defacto complainant and the abovesaid M/s.Attur Thuluva Vellalar Sangam Chit Funds Pvt. Ltd.,. The Arbitration award was signed by one P.Senthil Kumar (A3) in the FIR in Crime No.11 of 2020/the petitioner in Crl.O.P.No.6531 of 2021 and he was not posted as Deputy Registrar of Chits and he worked as a Assistant. Though he was not Deputy Registrar of Chits, he passed three Arbitration awards falsely. Based on that awards, the abovesaid M/s.Attur Thuluva Vellalar Sangam Chit Funds Pvt. Ltd.,.filed execution proceedings before the II Additional District Judge, Salem. In pursuance of an attachment order was passed. Thereafter, the defacto complainant filed petitions viz., I.A.No.3 of 2017 in AOP No.10 of 2017, I.A.No.4 of 2017 in AOP.No.11 of 2017 and I.A.No.5 of 2017 in AOP No.12 of 2017 for setting aside the award passed by the Deputy Registrar of Chits, Salem. It was likely mentioned in the encumbrance certificate of Sub Registrar, Salem. They also attached other than the properties offered as security for the same debt. Therefore, the defacto complainant gave a complaint before the first respondent police. In pursuance of that complaint, a case has been registered in Crime No.11 of 2020 for the offences under Sections 120 b, 419, 420, 464, 468, 471, 474 IPC. Now, the FIR in Crime No.11 of 2020 is challenged by the accused persons viz., V.Sriram (A2)/Petitioner in Crl.O.P.No.6529 of 2021, P.Senthil Kumar (A3) in Crl.O.P.No.6531 of 2021. Besides, the defacto complainant filed Crl.O.P.No.5903 of 2021 seeking to transfer the investigation of the case in Crime No.11 of 2020 on the file of the second respondent police to third respondent police (CB-CID) Salem.

4.The learned counsel appearing for the petitioner in Crl.O.P.No.5903 of 2021 and the second respondent in Crl.O.P.Nos.6529 of 2021 and 6531 of 2021 contended that the defacto complainant had taken the prized chit for the value of Rs.30 lakh in chit group No.680, Chit No.19, registered as chit agreement No.56/2012 for the value of Rs.30 lakhs from M/s.Attur Tuluva Vellalar Sangam Chit Funds Private Limited. The chit amount has to be paid by way of 30 installments. The said chit was taken in the name of the wife of the petitioner and the petitioner stood as the guarantor for the said chit. Similarly, the petitioner had also taken the prized chit for the value of Rs.15 lakhs payable in 30 installments at the rate of Rs.50,000/- per installment by virtue of chit agreement No.171 of 2013. The petitioner had also taken another chit for the value of Rs.50 lakhs which is repayable in 40 installments at the rate of Rs.1,25,000/- by virtue of Chit agreement No.182/2012 with the same chit company. The wife of the petitioner stood as the guarantor for the aforesaid two chits along with one Arumugam and his wife Chinna Pillai. The petitioner in total has committed a default of Rs.30 lakhs combining all the three chits.

The petitioner had approached the said M/s.Attur Tuluva Vellalar Sangam Chit Funds Private Limi