Advocates:
['M/S R BHARATH KUMAR', '', 'G ARUMUGARAJA', 'V RAMAKRISHNAN', 'PUBLIC PROSECUTOR', '', 'M/S S DORAISAMY', 'V ELANGOVAN', 'M P RAJAVELAYUTHAM']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on

10.02.2021

Delivered on

15.02.2021

CORAM:

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

Crl.OP Nos.7325, 11095, 11427 of 2018

in

Crl.MP Nos.12460,3774,5705,5940 of 2018

1. N.Dhanraj Kochar

2. Inderchand D Kochar

3. D.Suresh Kumar Kochar

4. Ramesh Kumar Kochar

5. Jitesh Kumar

..Petitioners in Crl OP No.11427 of 2018

/Accused 1, 2 3, 5 & 6

6. Naveen Kumar Kochar

7. Shanthi Bai

.. Petitioners in Crl OP No.7325 of 2018

/ Accused 4 & 7

8. Rajkumari

9. Anitha

10. Sarala

..Petitioners in Crl.O.P No.11095 of 2018

/Accused 8 to 10

.Vs.

1. State Rep. By

The Inspector of Police,

Central Crime Branch -I,

Chennai

.. 1^st respondent / Complainant

2. Mr.Sadhak Ahmed Shaw .. 2^nd Respondent/Defacto Complainant

in all Crl OPs

COMMON PRAYER: Criminal Original petition has been filed

under Section 482 of Cr.PC to call for the records relating to

Crime No.73 of 2018 on the file of inspector of police,

Central Crime Branch – I, Chennai CCB, Vepery, Chennai.

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

For Petitioners: Mr. B. Kumar

Senior Counsel

for Petitioner/Accused 1 to 3, 5 6,

8 to 10 in

Crl.OP Nos.11095, 11427 of 2018

Mr.R.Bharath Kumar

Counsel for A4 and 7

Crl OP No.7325 of 2018 &

Crl.OP.11427/18

For Respondents: Mr.C.Raghavan

Government Advocate for R1

in all Crl.OPs

Mr.R. Shanmugasundaram

Senior counsel for R2

in all Crl.OPs

COMMON ORDER

The issues involved in all these petitions are

common, and therefore, they are taken up together, heard and

disposed of through this common order.

2.

The FIR registered by the 1^stRespondent in Crime No.

73 of 2018, is the subject matter of challenge in all these

petitions.

3. The 2^nd Respondent preferred a complaint before the

1^stRespondent alleging that his father, along with A-1 and one

Mr. Abdul Rawoof formed a company registered in the name M/s.

D.R. Foundation and Estates Pvt. Ltd., and that his father had

invested a sum of Rs.1.71/- crores in the said Company. The

object of the Company was to purchase lands in its name at

Siruseri and Chemmencheri villages, respectively. It was

alleged that the funds were diverted and properties were

purchased in the name of the family members of A-1 with the

help of A-11. This resulted in a complaint being given by the

father of the 2^ndRespondent before the Crime Control Bureau,

Chennai and the same was registered in Crime No. 815 of 2006.

The complaint was given against 11 named accused persons, and

all of them faced trial in C.C. No. 530 of 2007 before the

learned Judicial Magistrate, Alandur. The learned Magistrate

by judgment dated 01.11.2017 convicted A-1, A-2, A-3, A-5,A-7,

A-8, A-9 and A-10 for various offences under the Indian Penal

Code, 1806 and sentenced them accordingly. While so, the

2^ndRespondent noticed that the accused persons had entered into

an agreement of sale with M/s. Lanco Horizon Pvt. Ltd. on

23.05.2007 during the pendency of the earlier criminal

proceedings, by misappropriating the amount invested by his

father. Hence, according to the 2^nd Respondent, the accused

persons have committed an offence of cheating. Based on this

complaint, the 1^st Respondent has registered an FIR in Crime

No. 73 of 2018.

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

4. Mr. B. Kumar, learned senior counsel appearing on

behalf of the Petitioners/Accused 1 to 3, 5,6, 8 to 10 in

Crl. O.P. Nos. 11095 and 11427 of 2018, made the following

submissions:

· The 2^ndRespondent does not have the locus

standi to file a complaint since he is not even a

shareholder in the Company.

· Even if the 2^nd Respondent is taken to be a

shareholder of the Company, he will only be entitled

to claim for the dividend if so, declared by the

Company and the claim for th