M/S.Cholamandalam Investment v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.10.2015 C O R A M THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.23489 of 2015 Cholamandalam Investment and Finance Company Ltd., Dare House, 2, N.S.C. Bose Road, Parrys, Chennai - 600 001.

Rep. by its Authorised Signatory Mr.R.Sivakumar ... Petitioner Vs.

The Commissioner of Police, Team-1, Bank Fraud Cell Central Crime Branch, Greater Chennai, Chennai-7.

... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C praying to direct the respondent police to register the complaint of the petitioner dated 15.07.2015 C.No../399/CCB/Visitors/2015 For Petitioner : Mr.M.Arunachalam For Respondents : Mr.C.Emalias Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the respondent police to register the complaint of the petitioner dated 15.07.2015 C.No../399/CCB/Visitors/2015.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent.

3. The learned Additional Public Prosecutor, on instructions, submitted that, petition enquiry was conducted by the respondent Police on the complaint given by the petitioner and the same was closed on 16.09.2015 and he has also submitted a copy of the closure report.

4. It is the specific case of the petitioner that the opposite party by name Ganesan and Priya Devi had availed loan, by https://hcservices.ecourts.gov.in/hcservices/

submitting the original sale deed dated 01.11.1982 registered as document no.5060/1982, in which it is seen that one Munikrishnan has sold the property to one M.Purushothaman. Whereas, when the petitioner had applied for a certified copy of the document no.5060/1982 from the Sub-Registrar Office, it is seen that the said Munikrishnan has sold the property to one Kandasamy Achari and Karunambal. Therefore, there is sufficient force in the submission of the learned counsel for the petitioner that the document no.5060/1982, that was submitted to the petitioner is a forged document, in which the Police is required to enquire.

5. Hence, the closure report dated 16.09.2015 is set aside and the respondent Police, Central Crime Branch, EDF-I, Team-I, Chennai-7 is directed to further investigate on the complaint given by the petitioner and take action in accordance with law. With the above direction, this Criminal Original Petition is closed.

Sd/- Asst.Registrar (J) /true copy/ Sub Asst. Registrar ds To 1.The Commissioner of Police, Team-1, Bank Fraud Cell Central Crime Branch, Greater Chennai, Chennai-7.

2.The Public Prosecutor High Court, Chennai.

+1 cc to Mr.M.Arunachalam, Advocate, sr.53832 Crl.O.P.No.23489 of 2015 bvr co kra 13/10 https://hcservices.ecourts.gov.in/hcservices/