Madras High CourtCRL RC/582/2025dismissed

K.Narayanan v. Earth Stein Private Limited,

2025-06-02Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN K.Narayanan .....

Petitioner Vs

1. M/s.Earth Stein Private Limited, Flat No.7 (F3-7), 3rd Floor, Sunrise Towers, Beside Peddapadu Road, Srikakulam, Andhra Pradesh-532001.

2. Arivudainambi

3. Thirugnanam

4. S.R.Kumar

5. Thiyagarajan

6. The Commissioner of Police, O/o. The Greater Chennai City Police, EVK Sampath Road, Vepery, Chennai-07.

7. The Inspector of Police, Central Crime Branch, EDF-I, Team-I, Vepery, Chennai-07 .....

Respondents PRAYER: Criminal Revision Case is filed under Sections 438 & 442 of Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the order passed by the Learned Metropolitan Magistrate, for Exclusive Trial of CCB Cases (relating to

Cheating Cases in Chennai) and CBCID Metro Cases, Egmore, Chennai, in Crl.M.P.No.3809 of 2025 dated 17.04.2024 by allowing this revision. For Petitioner : Mr.P.Ezhil Nilavan For R6 & R7 : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

This Criminal Revision has been filed as against the order dated 17.04.2024 passed in Crl.M.P.No.3809 of 2025 by the Metropolitan Magistrate, for Exclusive Trial of CCB Cases (relating to Cheating Cases in Chennai) and CBCID Metro Cases, Egmore, Chennai, thereby dismissing the protest petitioner filed by the petitioner as against the closure report in Crime No.102 of 2024.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents 6 & 7. Perused the materials available on record.

3. Based on the complaint lodged by the petitioner, the 7th respondent police registered an FIR in Crime No.102 of 2024 for the offences punishable under Sections 420, 384, 465, 468, 506(i) and 120B of IPC as against four accused persons. After completion of the investigation, the 7th

respondent police closed the FIR as "Mistake of Facts" and filed a referred charge sheet. Aggrieved by the same, the petitioner filed a protest petition in Crl.M.P.No.3809 of 2025 on the file of the Metropolitan Magistrate for Exclusive Trial of CCB Cases (relating to Cheating Cases in Chennai) and CBCID Metro Cases, Egmore, Chennai, which was dismissed by an order dated 17.04.2025.

4. The learned counsel appearing for the petitioner would submit that the petitioner, being one of the Directors of the first respondent herein, was coerced and threatened by the accused into signing a document purporting to be his resignation from the directorship. He further submitted that the accused had also cheated the petitioner in respect of his share.

5. A perusal of the records reveals that though the petitioner specifically alleged that his signature was obtained under threat and coercion, he failed to mention the date on which such coercion occurred. That apart, the petitioner had resigned from his directorship on 16.06.2023, whereas, the complaint was lodged even prior to the said resignation. Further, there was a dispute between the petitioner and the directors in respect of his share. Therefore, the 7th respondent police, after conducting a full-fledged

investigation, closed the FIR in Crime No.102 of 2024 as "Mistake of Facts" and filed a referred charge sheet. Further, all the allegations are civil in nature and as such, the 7th respondent rightly closed the FIR as "Mistake of Facts". After full-fledged enquiry, the learned Magistrate accepted the closure report in Crime No.102 of 2024 and dismissed the protest petition filed by the petitioner.

6. In view of the above, this Court finds no infirmity or illegality in the closure report filed by the 7th respondent as well as the order dated 17.04.2024 passed in Crl.M.P.No.3809 of 2025 by the Metropolitan Magistrate, for Exclusive Trial of CCB Cases (relating to Cheating Cases in Chennai) and CBCID Metro Cases, Egmore, Chennai.

7. Accordingly, this Criminal Revision Case stands dismissed. 02.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To

1. The Metropolitan Magistrate for Exclusive Trial of CCB Cases

(relating to Cheating Cases in Chennai) and CBCID Metro Cases, Egmore, Chennai.

2. The Commissioner of Police, O/o. The Greater Chennai City Police, EVK Sampath Road, Vepery, Chennai-07.

3. The Inspector of Police, Central Crime Branch, EDF-I, Team-I, Vepery, Chennai-07.

4. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

Lpp 02.06.2025