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Madras High CourtCRL RC/664/2011dismissed

Dr.Madhusudanan v. State Rep By

2016-12-22Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.12.2016

CORAM

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN CRL.R.C.No.664 of 2011 and M.P.Nos. 1 and 2 of 2011 Dr.Madhusudanan ... Petitioner/Accused-6 Vs.

State rep.by Inspector of Police, Central Crime Branch, Salem City (Crime No.19/2007) ... Respondent/Complainant Criminal Revision Case filed under Sections 397 and 401 of the Code of Criminal Procedure against the order passed by the learned Judicial Magistrate No.3, Salem in Crl.M.P.No.6556 of 2010 in C.C.No.30 of 2010 dated 2.2.2011 on the file of dismissing the discharge petition filed by the petitioner for offence under Section 420,506(ii) r/w 109 I.P.C. For Petitioner : Mr.J.Selvarangan For Respondent : Mrs.M.F.Shabana, GA (crl.side)

O R D E R

Dismissing the petition filed by the petitioner under Section 239 Cr.P.C to discharge the petition from the offence under Sections 420 and 506 (ii) read with 109 I.P.C in C.C.No.30 of 2010 on the file of the learned Judicial Magistrate No.III, Salem, the present revision has been filed.

2. The case of the prosecution is that A1 to A5 are running trust by name "Happy Home Welfare Association Trust", and "National Federation For Senior Citizen Trust", and they have collected shares at the value of Rs.499/-, and from that share amount Rs.90/- given to the trust, and remaining Rs.409/-

will be distributed to the shareholders under the Auto Billing System. But, they have failed to repay the amount and cheated the shareholders to the tune of Rs.1,12,00,000/-. Hence, based on the complaint given by the shareholders, a crime has been registered and during investigation, it came to know that the A1, in this case entered into an agreement with the petitioner herein who is also running an another association called "Happy Home Welfare Association"and as per the agreement, the A1 agreed to offer a portion of donation amount of Rs.90/- to the petitioner's trust namely "Happy Home Welfare Association". A sum of Rs.2,00,000/- also already paid by A1 to the petitioner's trust. The said circumstances, the petitioner also implicated as A6 in this case, and a final report has been filed against the petitioner also.

At this stage, the petitioner filed a present petition to discharge him from the charges on the ground that there is no allegation in the F.I.R that the petitioner also involved in collecting the amount from the depositors and there is no material available to show a prime facie case against the petitioner.

3. The respondent contested the application stating that there was an agreement between the petitioner and A1 in this case, and a strong documentary evidence available to the petitioner to show that he has also committed the offence and prima facie material is also available against the petitioner.

4. Considering the above materials, the trial Court dismissed the discharge petition against the petitioner. Challenging the same, the present revision has been filed.

5. Heard Mr.J.Selvarangan, learned counsel for the petitioner and Mrs.M.F.Shabana, Government Advocate (Crl.side), learned counsel for the respondent.

6. From the materials produced by the prosecution, it would be seen that there is an agreement between A1 and the petitioner, dated 25.11.2006, wherein the A1 in this case offer a portion of donation amount collected by them to be paid to the petitioner's association and some amount has also been paid. In the above circumstances, there is prima facie case made out against the petitioner.

7. In the above circumstances, I find no illegality or infirmity of the order passed by the trial Court. Hence, the revision deserves to be dismissed.

8. Accordingly, the criminal revision petition is dismissed. The learned Judicial Magistrate No.III ,Salem is directed to proceed with the trial and dispose of the case

within a period of six months from the date of receipt of a copy of this order. Consequently, connected Miscellaneous Petitions are also closed.

sd/ Assistant Registrar /true copy/ Sub Assistant Registrar nvi To 1.The Judicial Magistrate No.III, Salem.

2.The Inspector of Police, Central Crime Branch Salem.

3.The Chief Judicial Magistrate, Salem.

Crl.R.C.No.664 of 2011 RV(CO) GN(10/02/2017)