Madras High CourtCRL OP/25620/2015closed

B. Krishnan, Proprietor v. The Inspector Of Police

2015-11-03Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH CRL.O.P.No.25620 of 2015 B.KRISHNAN, PROPRIETOR, ACHINTYA AUTOMOBILES, NO.278, YMCA CORNER, MOUNT ROAD, COONOOR, THE NILGIRIS DISTRICT.

... PETITIONER Vs 1 THE INSPECTOR OF POLICE KOTHAGIRI POLICE STATION KOTHAGIRI THE NILGIRIS DISTRICT 2 THE SUPERINTENDENT OF POLICE THE NILGIRIS DISTRICT OOTY THE NILGIRIS ... RESPONDENTS Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the 1st respondent to register the petitioner's complaint dated 04.08.2015 against Mr.Ricky Raj Johnstone and Mr.Vivekananthan and to proceed in accordance with law.

For Petitioner : Mr.A.Immanuel For Respondents : Mr.C.Emalias, APP

O R D E R

This petition has been filed seeking a direction to the 1st respondent to register the petitioner's complaint dated 04.08.2015.

2. It is seen that, the petitioner is running Bajaj Dealer Showroom at Kothagiri, Ooty, Gudalur and Mettupalayam by name M/s.Achintya Automobiles. Each showroom is managed by a Branch Manager, appointed by the petitioner. The petitioner appointed one Mr.Vivekananthan to look after Johnson Square branch. During the course of business transaction, the said Vivekananthan used to remit the money in the bank account of the petitioner. In fact, he was remitting the amount without fail https://hcservices.ecourts.gov.in/hcservices/

till February 2015. While so, when the petitioner audited the accounts, he found that the said Vivenkananthan had misappropriated Rs.5,79,245/-. Moreover, the said Vivekananthan returned Rs.3,40,000/- and a sum of Rs.2,39,245/- is due. Hence, the petitioner lodged a complaint on 04.08.2015 against Vivekananthan.

3. Learned Additional Public Prosecutor submitted that the complaint has been sent by post.

4. Considering the submissions made on either side, this Court is of the opinion that it is appropriate to direct the petitioner to submit a fresh copy of the complaint along with a copy of this order to the 1st respondent and on receipt of the same, the 1st respondent is directed to enquire the matter and upon enquiry, if materials are gathered indicating commission of any cognizable offence, the respondent is directed to proceed further in accordance with law as early as possible, preferably within a period of two months.

With the above direction, this petition is closed. gya s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar To 1 THE INSPECTOR OF POLICE KOTHAGIRI POLICE STATION KOTHAGIRI THE NILGIRIS DISTRICT 2 THE SUPERINTENDENT OF POLICE THE NILGIRIS DISTRICT OOTY THE NILGIRIS 3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

+ 1 cc to Mr.A.Immanuel, Advocate SR 60419 (co) prk19/11 Crl.O.P.No.25620 of 2015 https://hcservices.ecourts.gov.in/hcservices/