Murugiah v. Repco Bank Limited,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and C.M.P.(MD)No.1765, 1767 and 1768 of 2023 Murugiah ... Appellant Vs.

1.Repco Bank Ltd., No.58/1 & 58/2, Tamil Sangam Road, Madurai-625 001.

2.The State Represented by Inspector of Police, Boiler Plant Police Station, Trichy-14.

3.Jansi Rani 4.Kamal ... Respondents

PRAYER : Appeal filed under Clause 15 of the Letters Patent, against the order passed by this Court in W.P.(MD)No.22777 of 2017, dated 13.12.2021. For Appellant :

Mr.G.Anto Prince For Respondents :

Mr.M.Kannan for R3

JUDGMENT

[Judgment of the Court was delivered by D.KRISHNAKUMAR, J.] This Writ Appeal is directed against the order made in W.P.(MD)No.22777 of 2017, dated 13.12.2021.

2. The appellant has filed a Writ Petition before this Court in W.P. (MD)No.22777 of 2017, seeking for a direction to the first respondent REPCO Bank not to disburse any amount held by the third and fourth respondents, pending investigation by the second respondent in Cr.No.118 of 2017, dated

17.11.2017. At the time of hearing the Writ Petition, the learned counsel appearing for the writ petitioner therein reported that the investigation in Cr.No. 118 of 2017 has already been completed and the same was taken on file in C.C.No.251 of 2018, on the file of the learned Judicial Magistrate, Trichy and therefore, nothing survives in the Writ Petition. Recording the said submission, the Writ Court dismissed the said Writ Petition. As against the same, the appellant has filed this Writ Appeal.

3. We have heard the submissions made by the learned counsel appearing on either side and perused the materials available on record.

4. On a perusal of the records, it is seen that the appellant has filed a writ petition seeking for a direction to the first respondent REPCO Bank not to disburse any amount held by the third and fourth respondents, pending investigation by the second respondent in Cr.No.118 of 2017, dated 17.11.2017. Since the investigation has been completed and the same was taken on file in C.C.No.251 of 2018, the Writ Court has rightly dismissed the Writ Petition.

Therefore, we are of the view that the order of the learned Single Judge does not warrant interference and there is no merit in the Writ Appeal.

5. Accordingly, this Writ Appeal is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. [D.K.K., J.] [L.V.G., J.] 16.02.2023 NCC : Yes / No Index : Yes / No vsm TO:

The Inspector of Police, Boiler Plant Police Station, Trichy-14.

D.KRISHNAKUMAR , J.

and L.VICTORIA GOWRI, J.

vsm 16.02.2023