IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 01.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

Crl.O.P.No.26254 of 2017

and

Crl.M.P.No.15122 of 2017

Pinku @ Dharmendra Bafna

. . . Petitioner

Versus

1. The Inspector of Police,

Crime Branch - CID,

Chennai-600 002.

2. Krishna Lal

. . . Respondents

[2^nd respondent impleaded as per order of this Court

dated 28.01.2019 in Crl.M.P.No.1285/2018 in

Crl.O.P.No.26254 of 2017]

PRAYER : Criminal Original Petition filed under Section 482 r/w

483 of Cr.P.C., to set aside the order dated 22.08.2017 in

Crl.R.C.No.36 of 2015, passed by the I Additional City Civil

Court, Chennai against Crl.M.P.No.5063 of 2014 and discharge the

petitioner from the case pending trial in C.C.No.734 of 2011 on

the file of the learned XI Metropolitan Magistrate, Chennai.

For Petitioner:

Mr.P.Wilson

Senior Counsel for

M/s.Surana and Surana

For Respondents:

Mr.R.Kishore Kumar

Government Advocate (Crl.Side) for R1

: Mr.K.P.Anantha Krishna for R2

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

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

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 the final

report in C.C.No.13970 of 2007. This Court by an order dated

04.04.2013 dismissed the quash petition as against the

petitioner herein/A2, however, allowed the petition filed by A1.

While dismissing the petition in Crl.O.P.No.780 of 2010 filed by

this petitioner, this Court has observed that a prima facie case

exists against the petitioner/A2. Challenging the said order,

the petitioner/A2 filed an appeal before the Hon'ble Apex Court

in Special Leave Petition in S.L.A(Crl.) No.7403 of 2013 and

the same was dismissed vide order dated 01.05.2014. While

dismissing the appeal, the Apex Court has observed that if the

petitioner files an application for discharge, it may be

considered expeditiously, independently and without being

influenced by the observation made by the High Court in the

impugned order dated 04.04.2013.

3.It is also relevant to note that not satisfied with the

final report, the de facto complainant sought for

further investigation before the trial Court in Crl.M.P.No.11979

of 2007, which was allowed by the trial Court. Challenging the

said order, the petitioner filed Crl.R.C.No.245 of 2008 before

this Court. This Court, by its order dated 13.03.2003, set aside

the order of the trial Court. The said order of this Court was

affirmed by the Hon'ble Apex Court by dismissing

S.L.P.Crl.A.No.1283 of 2009 reported in 2009 (7) SCC 685

preferred by the de facto complainant.

4.Hence, the final report proceeded on the basis of the

original complaint. After dismissal of S.L.P to Appeal(Crl.)

No.7403 of 2013 filed against the order of the High Court

declining to quash the proc