Surendar Thirugnanasambandam v. The State Of Tamilnadu Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Surendar Thirugnansambandam ... Petitioner

Versus

1. State of Tamil Nadu rep. by The Superintendent of Police, Chengalpattu District, Collectorate Campus, Chengalpattu - 603 001.

2. The Inspector of Police J - 10 Semmenchery Police Station, Chennai - 600 119.

... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to issue a Direction to the 1st respondent to register case on the complaint lodged by the petitioner dated 10.08.2021. For Petitioner : Mr.V.L.Nehru.

For Respondent : Mr.A.Damodharan, Government Advocate (Crl.side) Page No.1 of 5

ORDER

This Criminal Original Petition has been filed to direct the 2nd respondent to register the case on the complaint lodged by the petitioner.

2. The contention of the petitioner is that the petitioner had entered into a sale agreement with M/s Ratnavara Developers LLP and M/s Prestige South City Holdings and he had so far paid a sum of Rs.1,33,15,820/- during the period 02.12.2020 to 03.02.2021. Thereafter, as promised and agreed, the promoters and developers have neither executed the sale deed nor returned the money. Hence, he lodged a complaint on 10.08.2021 to the 2nd respondent, who refused to entertain the same, informed the petitioner that since the transaction value is more than One Crore, the petitioner to lodge a complaint before the Central Crime Branch, Chennai.

3. The learned counsel for the petitioner would submit that the petitioner is a Software Engineer working in America and his father Thirugnanasambandam is aware about the entire transactions. Page No.2 of 5

4. The learned Government Advocate (Crl.side) would submit that there is no complaint, dated 10.08.2021, pending with the 2nd respondent. Further, from the complaint, it is seen that the transaction value is more than One Crore, and it is the Central Crime Branch, who is an appropriate investigation wing to take up the investigation.

5. I have considered the submissions made on either side and perused the materials available on records carefully.

6. On perusal of the materials and the complaint, it is apparent that M/s Ratnavara Developers LLP and M/s Prestige South City Holdings had received a huge amount from the petitioner. The E-mail conversation and other materials in the typed set confirming the payments made by the petitioner and now, the petitioner has been cheated and huge amount has been misappropriated.

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7. In view of the same, to lodge a complaint through his father, namely, Thirugnanasambandam, to the Deputy Commissioner of Police, Central Crime Branch, Chennai, who, thereafter, to nominate an appropriate Officer to register the case and investigate the same. If the presence of the petitioner is required, the petitioner has to appear before the 2nd respondent to aid the investigation.

8. With the above directions, this Criminal Original Petition is disposed of.

25.08.2021 Index: Yes/No Internet: Yes/No mrp To

1. The Superintendent of Police, Chengalpattu District, Collectorate Campus, Chengalpattu - 603001.

2. Inspector of Police J - 10 Semmenchery Police Station, Chennai - 600 119.

Page No.4 of 5

M.NIRMAL KUMAR, J.

mrp 25.08.2021 Page No.5 of 5