Thiru.Gunasekar Naidu v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.11.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH Crl.O.P.No.26019 of 2015 Thiru.Gunasekar Naidu Proprietor: M/s.Sahithi Builders and Interiors Flat No.203, Vamsi Apartment Beside Geethanjali School, Mayuri Marg Begumpet Hyderabad (Telungana) .. Petitioner ..vs..

State Rep. By The Inspector of Police K-3, Aminjikarai Police Station (Crime), Chennai .. Respondent Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent to register a case based on the complaint given by the petitioner dated 21.07.2015. For Petitioner : Mr.A.Saravanan For Respondent :

Mr.C.Emalias Additional Public Prosecutor

O R D E R

The present petition has been filed to direct the respondent to register a case based on the complaints given by the petitioner dated 19.09.2015 and 24.09.2015.

2. The petitioner is a Proprietor of Sahiti Builders and Interiors. The petitioner appointed one Muthulingam to look after the on-site work. The said Muthulingam was instructed by the Head Office to collect the cheque and deposit in the account of the petitioner company. But, he opened an account in Indusland Bank in the name of the petitioner company and impersonated himself as authorized signatory and also produced certain fabricated documents to prove his bonafide and thus, misappropriated the funds of the company. Hence, the present complaint has been lodged on 21.07.2015. But, till date no action was taken on the said complaint.

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

4.The learned Public Prosecutor submitted that on receipt of the complaint, C.S.R.No.343 of 2015 has been assigned and the matter is pending investigation.

5. Considering the rival submissions, this Court directs the respondent to conduct enquiry on the complaint given by the petitioner dated 27.09.2015 and 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.

6. This criminal original petition is disposed of accordingly.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar gpa To

1. The Inspector of Police K-3, Aminjikarai Police Station (Crime), Chennai

2. The Public Prosecutor Madras High Court Chennai +1 cc to Mr.A.Saravanan vide sr.60844 Crl.O.P.No.26019 of 2015 aa26/11/2015 https://hcservices.ecourts.gov.in/hcservices/