Madras High CourtCRL OP(MD)/14650/2015dismissed

Ramasamy(63/15) v. The Inspector Of Police,

2016-12-01Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2016

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P(MD)Nos.14650 & 17480 of 2015 and Crl.M.P(MD)Nos.1, 1, 2 & 2 of 2015 Ramasamy ... Petitioner/ in Crl.O.P(MD)No.14650/2015/ Accused No.4 Jansirani @ Jansirani Rajalakshmi ... Petitioner/ in Crl.O.P(MD)No.17480/2015/ Accused No.3 -Vs1. The State rep. By The Inspector of Police, Economic Offences Wing, Unit II, Virudhunagar, (In Crime No.2 of 2014) ... 1st Respondent/ Complainant in both Crl.O.P's 2.Pandi ... 2nd Respondent/ Defacto complainant in both Crl.O.P's Common Prayer : Criminal Original Petitions are filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the charge-sheet in C.C.No.6 of 2015 on the file of the Special Court for TNPID Act Cases, Madurai and quash the same. For Petitioner : Mr.R.Gandhi (in both Crl.O.P's) For R - 1 : Mr.K.Anbarasan (in both Crl.O.P's) Government Advocate (Criminal Side) COMMON ORDER These petitions are filed seeking to quash the proceedings in C.C.No.6 of 2015 on the file of the Special Court for TNPID Act Cases, Madurai.

2.Based on the complaint of the defacto complainant, a case has been registered against the petitioners in Crime No.2 of 2014 for the offences punishable under Sections 409, 420 and 120(b) IPC and Section 5 of TNPID Act and after investigation, the respondent Police filed a final report, which was taken on file in C.C.No.6 of 2015 on the file of the Special Court for TNPID Act Cases, Madurai. https://hcservices.ecourts.gov.in/hcservices/

3.The case of the prosecution is that the accused have been running a Finance Company in the name of 'Ezee Marketing' and they have collected deposit from the defacto complainant, but failed to repay the amount.

4.Heard the learned Government Advocate (Criminal Side) appearing for the State.

5.Perusal of the materials would show that there are prima facie materials against these petitioners. Hence, this Court is not inclined to quash the charge-sheet. Accordingly, these Criminal Original Petitions are dismissed. Consequently, connected Miscellaneous Petitions are also closed. However, the personal appearance of the petitioners in C.C.No.6 of 2015 on the file of the Special Court for TNPID Act Cases, Madurai, is dispensed with and they are directed to appear before the trial Court, when their presence is required by the Special Court for TNPID Act Cases, Madurai.

Sd/- Assistant Registrar (Crl.side) /True Copy/ Sub Assistant Registrar To

1. The Special Judge for TNPID Act Cases, Madurai.

2. The Inspector of Police, Economic Offences Wing, Unit II, Virudhunagar,

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+ 2 CC TO Mr.R.GANDHI, ADVOCATE IN SR No. 78313,78312 PS TE/GSV-PM : 04/01/2017 : 2P/6C Crl.O.P.(MD)Nos.14650 & 17480 of 2015 01.12.2016 https://hcservices.ecourts.gov.in/hcservices/