S.Chidambaram v. State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.08.2025

CORAM

THE HON`BLE MR.JUSTICE N.SATHISH KUMAR Crl.O.P.Nos.33943 of 2019 & 3951 of 2020 Crl.O.P.No.33943/2019 S.Chidambaram S/o. Sarangapani .. Petitioner Vs.

1. The State represented by The Inspector of Police, City Crime Branch, Coimbatore.

2. Mr.S.Sivakumar S/o. Shanmugam ... Respondents Criminal Original Petition is filed under Section 482 Cr.P.C to call for the records in C.C.No.1695 of 2019 pending on the file of the learned Judicial Magistrate No.VII, Coimbatore and quash the same as against the petitioner / A1 by allowing this criminal original petition. 1/6

Crl.O.P.No.2951/2020

1. Nagarajan S/o. Manoharan

2. Murali S/o/ Vijayarajan

3. Selvakumar S/o. Vijayarajan .. Petitioners Vs.

1. The State represented by The Inspector of Police, City Crime Branch, Coimbatore.

2. Mr.S.Sivakumar S/o. Shanmugam ... Respondents Criminal Original Petition is filed under Section 482 Cr.P.C to call for the records in C.C.No.1695 of 2019 pending on the file of the learned Judicial Magistrate No.VII, Coimbatore and quash the same as against the petitioners / A2 to A4 by allowing this criminal original petition. In both petitions:

For Petitioners : Mr.S.Viswanathan For Respondents : Mr.K.M.D.Muhilan Additional Public Prosecutor for R1 Mr.M.R.Thangavel for R2 COMMON ORDER 2/6

These Criminal Original Petitions are filed to quash the charge sheet in C.C.No.1695 of 2019 pending on the file of the learned Judicial Magistrate No.VII, Coimbatore.

2. The allegation against the accused is that they defrauded the de facto complainant to the tune of Rs.5,08,03,285/- by engaging in various fraudulent activities, including altering the software of the firm run by the de facto complainant and also committing several fraudulent acts in the course of selling goods. In this case investigation has been completed, final report has been filed and the statement of the witnesses have also been recorded.

3. It is the contention of the learned counsel for the petitioners that A1 / petitioner in Crl.O.P.No.33943/2019 and the de facto complainant have entered into a Memorandum of Compromise dated 20.07.2019. Despite entering into the Memorandum of Compromise, the final report has been filed in C.C.No.1695/2019.

4. The Memorandum of Compromise dated 20.07.2019 states that in order to give quietus to the entire issue, A1 agreed to pay a sum of 3/6

Rs.80,00,000/- which is said to have been given as an advance to purchase the property from a third party. According to A1, he had already given no objection to the third party vendor to return back the sum of Rs.80,00,000/- to the de facto complainant. Despite such action taken on his behalf, the amount has not been paid to the de facto complainant. Therefore, it is the contention of A1 that the vendor of the flat and the de facto complainant are friends and they colluded together.

5. At the outset, this Court is of the view of that the Memorandum of Compromise dated 20.07.2019 entered into between the parties, has not been acted upon and the sum of Rs.80,00,000/- has not been paid back to the de facto complainant as agreed in the memorandum. Be that as it may, the charges against the petitioners are very serious and during investigation materials have been collected against the petitioners and now P.W.1 has also been examined before the trial Court in C.C.No.1695/2019. The present petitions have been filed only after certain evidence has come on record. Once substantive evidence is already available on record, it would not be appropriate for this Court, at this stage, to examine the veracity of the statements recorded under Section 161 Cr.P.C. In such a view of the matter, 4/6

I do not find any merit in these petitions.

6. In the result, these Criminal Original Petitions are dismissed. The trial Court is directed to dispose C.C.No.1695/2019 as expeditiously as possible.

11.08.2025 Index : Yes / No Internet: Yes Speaking Order / Non-Speaking order bkn To:

1. The Judicial Magistrate No.VII, Coimbatore.

2. The Inspector of Police, City Crime Branch, Coimbatore.

3. The Public Prosecutor, Madras High Court.

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N.SATHISH KUMAR, J bkn Crl.O.P.Nos.33943 of 2019 & 3951 of 2020 11.08.2025 6/6