Jeganath v. The State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-09-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR CRL OP No. 1147 of 2024 and CRL MP Nos.773 & 774 of 2024

1. JEGANATH S/o. Muruganandham, Sri Ayyappa Arcade, 4a,Pampa Extension Kembal,Kempapura Bangalore 560024.Now Residing At No. 52, 1st Main Road, 3rd And 4th Floor, Chiranjeevi Layout,Kempapura Hebbal,Bangalore 560024.

2. SRIDEVI W/o. Jeganath Sri Ayyappa Arcade, 4a,pampa Extension Kembal,kempapura Bangalore 560024.

Now Residing At No. 52, 1st Main Road, 3rd And 4th Floor, Chiranjeevi Layout,Kempapura Hebbal,Bangalore 560024.

Petitioner(s) Vs

1. The State The Inspector Of Police, Central Crime Branch,Salem Taluk, Salem District.

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2.D.Singaram, W/o.Dharmalingam, No.3/62, Sakthi Vinayagar Nagar Annex, Narasothipatty Salem.

Respondents PRAYERThis Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records relating to the proceedings charge sheeted in CC.No.41/2018 dated 27.3.2018 on the file of the Judicial Magistrate No.1, Salem District and to quash the same.

For Petitioner(s):

M/s.A.B.Rajasekaran For R1 Mr.K.M.D.Muhilan Additional Public prosecutor

ORDER

This Criminal Original Petition has been filed to call for the records relating to the proceedings in CC.No.41/2018 dated 27.3.2018 on the file of the Judicial Magistrate No.1, Salem District and to quash the same.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent-Police and perused the materials available on record.

3. The petitioners before this Court are A1 and A4. In respect of the other accused, this Court had already quashed the proceedings in C.C.No.41 of 2018 2/6

on the file of the Judicial Magistrate No.I, Salem, vide common order dated 29.3.2023 in Crl.O.P.Nos.11495 & 17216 of 2019.

4. The crux of the final report as against the petitioners is that they are the Directors of the Company namely Team Life Care Company (India) Limited, which was a channel partner of Bajaj Allianz Insurance Company and TLC Insurance India Private Limited. The defacto complainant joined as a Coordinator in TLC Insurance India Private Limited and introduced some persons to Bajaj Allianz Insurance Company through Team Life Care Company (India) Limited on commission basis. The introducers of the defacto complainant joined in the Bajaj Alliance Insurance Company and got their policies. It is the grievance of the defacto complainant that the TLC Insurance India Private Limited has failed to pay the commission. Hence, the complaint.

5. Though the defacto complainant is said to have been received certain amount as commission, according to him, the entire commission amount has not been received. Hence, he preferred a complaint as against the petitioners herein. Now, challenging the final report, the petitioners have filed this criminal original petition.

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6. On a perusal of the entire final report, it is found that there is no material available to show that there was a deception at the inception in order to attract the offence of cheating.

7. The only allegation in the final report is with regard to the payment of entire commission. This Court had already quashed the proceedings by order dated 29.3.2023 in Crl.O.P.Nos.11495 & 17216 of 2019 as against the other accused viz., A2 and A3. The prosecution has not challenged the abovesaid order. In such view of the matter, for the same set of allegations, the prosecution will not survive as against these petitioners/A1 and A4.

8. In view of above, proceedings in CC.No.41/2018 dated 27.3.2018 on the file of the Judicial Magistrate No.1, Salem District as against the petitioners, also stands quashed. Accordingly, this Criminal Original Petition is allowed. Consequently, connected miscellaneous petitions are closed. 23-09-2025 mfa Index:Yes/No Speaking/Non-speaking order Internet:Yes 4/6

To 1.The Judicial Magistrate No.1, Salem District

2. The Inspector Of Police, Central Crime Branch,Salem Taluk, Salem District.

3. The Public Prosecutor, High Court, Chennai.

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N.SATHISH KUMAR J mfa and CRL MP Nos.773 & 774 of 23-09-2025 6/6