Senthil Tsp M/A 65 Years, v. Reliance Capital Limited,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.NOS.19102 TO 19104 OF 2017 AND CRL.M.P.NOS.11587 AND 11592 OF 2017 Senthil TSP ... Petitioner/Accused in all the Petitions

Versus

The Reliance Capital Limited, Rep. by its Legal Manager R.Kumaran, No.5, Haddows Road, Nungambakkam, Chennai.

... Respondent/Complainant in all the Petitions PRAYER:- Criminal Original Petitions filed under Section 482 Cr.P.C., to call for the records in C.C.Nos.5140, 1901 and 1070 of 2017 pending on the file of the learned XVIII Metropolitan Magistrate, Saidapet, Chennai and quash the same. For Petitioner :

Mr.M.Guruprasad in all Petitions For Respondent :

No appearance in all Petitions C O M M O N O R D E R These Criminal Original Petitions have been filed to quash the proceedings in C.C.Nos.5140, 1901 and 1070 of 2017 pending on the file of the learned XVIII Metropolitan Magistrate, Saidapet, Chennai.

2. Heard the learned counsel appearing for the petitioner and perused the materials available on record.

3. The learned counsel appearing for the petitioner submitted that the complaints filed by the complainant in https://hcservices.ecourts.gov.in/hcservices/

C.C.Nos.5140, 19103 and 1070 of 2017 are not maintainable, since the complaints itself are silent about who is the proprietorship of the concern.

4. Court is unable to persuade itself further with such submission, for the simple reason that the impugned cheque has been admittedly issued by the first accused and the person who had signed the cheque is the second accused. The petitioner herein is the third accused, who is the father of the second accused. The very complaint itself clearly indicate that both the petitioner/third accused and second accused had borrowed the amount and signed the loan application as co-applicant. In such a view of the matter, this Court is not inclined to entertain these Criminal Original Petitions.

5. Accordingly, these Criminal Original Petitions are dismissed. It is for the petitioner to take all his defence before the trial Court. The accused are directed to appear before the trial Court within two weeks from the date of receipt of a copy of this order and file an application under Section 436 of Code of Criminal Procedure. On such filing of the application, trial Court is directed to release the petitioner on bail on the same day on executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two sureties. If thereafter, he absconds, a fresh FIR can be registered under Section 229 A of the Indian Penal Code. Consequently, connected Criminal Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar psa/mvs To 1.

The XVIII Metropolitan Magistrate, Saidapet, Chennai.

+1cc to Mr.M.Guruprasad, Advocate, S.R.No.62735 CRL.O.P.NOS.19102, 19103 AND 19104 OF 2017 GPL(CO) PBS/14/12/2021 https://hcservices.ecourts.gov.in/hcservices/