State Bank Of India v. Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.12.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.24173 OF 2021 State Bank of India, Retail Assets Central Processing Centre (RACPC) 4/952 & 4, 952-A, Old Mahabalipuram Road, Nehru Nagar, Perungudi, Chennai-600 096, Represented by its Assistant General Manager, Mr.Guru Swamy V Male/ Aged -51 years ... Petitioner Vs.
1. The Superintendent of Police.
Villupuram, Villupuram District.
2. The Inspector of Police, District Crime Branch, Villupuram.
... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent to register the FIR based on the petitioners complaint dated 07.01.2021.
For Petitioner :
Mr.Suresh for Mr.R.Paramasivam For Respondents :
Mr.E.Raj Thilak Additional Public Prosecutor
ORDER
This petition has been filed to direct the 2nd respondent to register an F.I.R based on the petitioner's complaint dated 07.01.2021.
2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondents.
3. The grievance of the petitioner, which is the bank, is that it had extended a housing loan to one Anitha, wife of Rajkumar from Cuddallore to construct a "Village Villa" at Konnimedu Village, bearing Survey No.98/6, 98/6A, old Survey No.544/7 at Marakkanam Taluk, Villupuram District. The loan amount of Rs.39,26,650/- has been disbursed to one Mr.Jaya Chandran, the Managing Director of M/s.Elite Property Developers, with whom the said Anitha had entered into an agreement and at her request, the said loan amount was disbursed to him. Now, it is found that the said Anitha was caught hand in glove and they have cheated the bank, thereby, the petitioner has filed the above petition to register the F.I.R. based on the complaint lodged by the petitioner on 07.01.2021. 4.
Learned Additional Public Prosecutor would submit that in this case, the said Anitha has also lodged a counter complaint against the said Jaya Chandran, the Managing Director of M/s.Elite Property Developers for the very same cause of action. In that complaint, she had stated that the said Jaya Chandran had cheated her and the said complaint in Crime No.1 of 2020 was registered on 03.01.2020 and the petitioner has lodged a complaint after one year of her complaint for the same cause of action. Now, the 2nd respondent had already registered the F.I.R. in this connection and the same is in progress. The petitioner shall be examined in Crime No.1 of 2020 and thereafter proper action would be taken.
5.In view of the same, the petitioner is directed to appear before the 2nd respondent police along with a copy of the complaint to the 2nd respondent police to verify the complaint against Anitha as well as Jaya Chandran and proceed in accordance with law in Crime No.1 of 2020.
6.With the above direction, this Criminal Original Petition is disposed of.
Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar dk
To
1. The Superintendent of Police.
Villupuram, Villupuram District.
2. The Inspector of Police, District Crime Branch, Villupuram.
3. The Public Prosecutor High Court of Madras, Chennai - 600 104.
+1cc to Mr.R.Paramasivam, Advocate, S.R.No.66868 CRL.O.P.No.24173 of 2021 EV(CO) RLP(06/01/2022)