IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 08.06.2022

PRONOUNCED ON : 20.06.2022

CORAM::

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN

Criminal Original Petition Nos.2946 & 2948 of 2019

& Crl.M.P.Nos.1966 & 1968 of 2019

Dr.K.Pruthvinath, Aged 34 years,

S/o.Dr.K.Ravindranath,

Villa No.C-5, Amara Anantha,

No.4/211, MGR Road, Palavakkam,

Chennai, Tamil Nadu – 600 041.

...Petitioner/2^nd Accused

in Crl.O.P.No.2946 of 2019

Dr.Badrikrishnaswami, Aged 55,

Residing at No.3, Umayal Villa,

No.8/18, Indira Nagar, 12^th Cross, Adyar,

Chennai – 600 042

...Petitioner/1^st Accused

in Crl.O.P.No.2948 of 2019

/versus/

1. The Sub-Inspector of Police,

S10, Pallikaranai Police Station,

Chennai – 600 100.

2. Mr.Dinesh Kumar Mishra,

General Manager,

Finance and Accounts Department,

Ravindranath GE Medical Associates Pvt. Ltd.

Having its Registered Office at

# 439, Cheran Nagar,

Off OMR, Medavakkam,

Sholinganallur Road, Perumbakkam

Chennai – 600 100.

...Respondents/Complainant

in both cases

Prayer in Crl.O.P.Nos.2946 & 2948 of 2019: Criminal Original

Petition are filed under Section 482 of Cr.P.C., to call for the

records and quash the proceedings in F.I.R.No.32 of 2019 on the

file of the Sub-Inspector, S10, Pallikaranai Police Station for

offence under Sections 408 and 420 of I.P.C.

https://hcservices.ecourts.gov.in/hcservices/

For Petitioner

: Ms.Deepika Murali

in Crl.O.P.No.2946 of 2019

For Petitioner

: Mr.C.Arun Kumar

in Crl.O.P.No.2948 of 2019

For R1

: Mr.N.S.Suganthan,

in both cases

Government Advocate (Crl.Side)

For R2

: Mr.T.Sai Krishnan

in both cases

COMMON ORDER

These two Criminal Original Petitions are filed separately

by two accused namely Dr.K.Pruthvinath (in Crl.O.P.No.2946 of

2019) & Dr.Badrikrishnaswami (in Crl.O.P.No.2948 of 2019), to

quash the F.I.R No.32 of 2019, on the file of 1^st respondent

police.

2.The gist of the F.I.R registered pursuant to the complaint

given by one Dinesh Kumar Mishra, General Manager, Finance and

Accounts Department of M/s.Ravindranath GE Medical Associations

Private Limited against Dr.Badrikrishnaswami (the petitioner in

Crl.O.P.No.2948 of 2019), Dr.K.Pruthvinath, (the petitioner in

Crl.O.P.No.2946 of 2019) and M/s.Paceman Finance India Limited

is that, the defacto complainant company is having its

registered Office at Perumbakkam, Chennai. On 07.09.2018, the

company recovered a legal notice from M/s.Paceman Finance India

Limited (hereinafter referred as “M/s.Paceman”) and on perusing

the said notice of the defacto complainant/Dinesh Kumar Mishra

came to know that cheque of the defacto complainant for Rs.12

lakhs drawn at HDFC Bank, Madipakkam Branch, maintained by the

defacto complainant Company alleged to have been issued to

M/s.Paceman on 28.08.2018 for the repayment of the loan availed

by Dr.K.Pruthvinath, Ex-Director of the Company and same was

dishonoured on presentation. On verification of the records,

the complainant alleges that the said cheque pertains to the

period between 2013 to 2014. When the 1^st accused was serving

with the defacto complainant Company as Financial Manager. Their

enquiry revealed that, the 1^st accused/Badrikrishnaswami with

ulterior motive given the cheque to Dr.K.Pruthvinath, for to be

misused. Accordingly, for the personal loan of Dr.K.Pruthvinath,

the cheque stealthy handed over to Dr.K.Pruthvinath, has been

fraudulently used for discharging the personal loan transaction

of Dr.K.Pruthvinath.

3.It was specifically alleged that 1^st

accused/

Badrikrishnaswami was the Executive Director, Finance and

Accounts Department of the defacto complainant between 2011 till

https://hcservices.ecourts.gov.in/hcservices/

2014. At that time, Dr.K.Pruthvinath was authorized signatory

for the cheques. They both in connivance had misused the cheque

bearing No.003708 pertaining to the bank account at HDFC bank

maintained by the defacto c