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2026 Supreme(Online)(Mad) 38496

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Nirmal Kumar, J
Muniyarajan – Appellant
Versus
State rep. by The Inspector of Police, Central Crime Branch I, Chennai District, Crime No. 113 of 2025 – Respondent
Crl.O.P. No. 9561 of 2026 | Crl.M.P. No. 6775 of 2026



Advocates:
For the Appellants/Petitioners: Ms.R. Raji
For the Respondents:Mr.R. Vinothraja, Govt. Advocate (Crl.Side) for R1

Petition to quash FIR dismissed; minor status and non-involvement claims to be verified during investigation.

Headnote:The petition was filed under Section 528 of BNSS to quash FIR in Crime No.113 of 2025 for offences under Sections 406, 420 IPC read with Section 5 of TN Protection of Interest of Depositors (in Financial Establishments) Act, 1997. De facto complainant invested Rs.36,000/- in financial establishment promising house plots, but was cheated without registration from 2014 to 2024, with company defrauding multiple investors of over Rs.40 lakhs. Court found allegations of scheme to collect investments from 70+ investors viable for investigation. Issue framed around petitioner's claim of being minor in 2008-2014 and non-involvement in A1 company as son of A2 managing partner. Ratio: Petitioner's minor status and non-involvement to be examined during investigation; if credible, addressed in final report. Criminal original petition dismissed.

Table of Content
1. fir details and cheating allegations against financial firm (Para 1 , 2)
2. petitioner claims minor status and non-involvement (Para 3)
3. prosecution opposes; investigation to verify claims (Para 4)
4. petition dismissed pending investigation (Para 5)

for R1 O R D E R The petitioner/A4 in Crime No. 113 of 2025 registered for the offences under Sections 406, 420 IPC r/w Section 5 of TN Protection of Interest of Depositors (in Financial Establishments) Act, 1997, has filed this quash application.

2. The gist of the complaint is that the de facto complainant was enticed by A1 financial establishment by name Sri Balaji Real Estate Promoters Private Limited and made to invest a sum of Rs.36,000/- for purchasing a house plot. However, the said company cheated the de facto complainant/2nd respondent herein without registering a house from the year 2014 to 2024. Further, the said Company is alleged to have cheated several others investors by advertising house plans and cheated a sum of Rs.40 lakhs and odd.

3. The contention of the learned counsel for the petitioner is that the offence is alleged to have taken place from 2008 to 2014. The petitioner was a minor, aged about 17 years in the year 2008 and he was not at all involved in the business of Sri Balaji Real Estate Promoters Private Limited. Since, the petitioner happens to be the son of A2, who is the Managing Partner of the aforesaid company, he has been falsely implicated in this case.

4. Learned Government Advocate (Crl.Side) strongly opposed the petitioner’s contention and submitted that A1 company had devised a scheme and collected Rs.12,000/- per month from prospective purchasers/investors promising that lands would be allotted and thereby collected huge sums of money. So far, 70 investors have lodged complaints and more complaints are pouring in. The petitioner has cheated more than Rs.80 lakhs and some more complaints have been lodged. The investigation is in progress. The petitioner’s contention that he was a minor and that he was not at all involved in A2’s company will be considered during investigation and if found to have credence, appropriate steps will be taken at the time of filing of final report.

5. In view of the above submission made by the learned Government Advocate (Crl.Side), recording the same, this criminal original petition is dismissed. Connected miscellaneous petition is closed.

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