Madras High Court
M.V.Palanisamy vs M.Balasubramaniam on 9 February, 2026
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
CRL RC No. 437 of 2024
‘IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.02.2026
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
CRL RC No. 437 of 2024
AND
CRL MP NO. 4228 OF 2024
1. M.V.Palanisamy
S/o.E.Veerappan, 4/64D, Jayashree
Nagar, Ulagapalayam, Maniyanoor
Post, Paramathi Velur Tk, Namakkal
District - 637 201.
Petitioner(s)
Vs
1. M.Balasubramaniam
S/o.Muthusamy, 114/1C, Pallipalayam
Road, Suriyampalayam Post,
Tiruchengodu, Namakkal District.
Respondent(s)
CRL RC No. 437 of 2024
PRAYER
To call for the records relating to the order dated 20.02.2024 made in
Crl.M.P.No.3 of 2024 on the file of the Learned Judicial Magistrate, Paramathi,
Namakkal District and set aside the same by allowing this Criminal Revision
Petition and thus render justice.
CRL RC No. 437 of 2024
For Petitioner(s): C.Iyyappa Raj
M.Sidhardhan
G.Paramasivam
R.Raghul
B.Vetrivel
Affidavit Of Service Filed
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/03/2026 04:30:03 pm )
CRL RC No. 437 of 2024
For Respondent(s): M/s.E.C.Ramesh
A.Bakkiya Lakshmi
S.Chendur Eashwaran
S.Muthu Kumar
E.Abinaya Lakshana
Counter Affidavit Filed By The
Respondent
ORDER
Challenging the impugned order passed by the Trial Court in Crl.MP No. 3 of 2024 dated 20.02.2024 the accused preferred this criminal Revision case.
2. The brief facts of the case:
According to the defacto complainant, Sri Venkateswara Trust was started in the year 2005; from the inception itself he is a permanent trustee of the said Trust, which is running SKV High School and other educational institutions. On 10.10.2019, on behalf of the said Trust to meet out urgent needs of the Trust, a sum of Rs. 42 lakhs was handed over to the accused/petitioner herein by the defacto complainant. When the defacto complainant demanded to return the said amount, the petitioner abused and threatened the defacto complainant. Thereafter, the defacto complainant gave a complaint before the Nallur Police Station. But there is no progress in the complaint, hence, the defacto complainant has lodged a private complaint on 07.12.2023 before the Judicial Magistrate, Paramathi. Based on that, the Judicial Magistrate has directed SHO, Nallur Police Station, to register FIR and conduct investigation against the petitioner herein. Aggrieved over the same, the the petitioner/accused filed this https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/03/2026 04:30:03 pm ) CRL RC No. 437 of 2024 Criminal Revision Case.
3. The learned counsel for the petitioner submits that there is no prima facie material against the petitioner to attract those alleged offence without which the Trial Court has mechanically ordered to register FIR as such it is illegal and liable to be set aside. Further, he would submit that in the alleged complaint lodged before the Nallur Police Station, the defacto complainant stated that a sum of Rs.42 lakhs was given to the accused as loan, but in contrary to that, the defacto complainant now claimed that he had entrusted the said amount to the petitioner which itself shows his malafide intention and lodged a false complaint in order to harass the petitioner.
4. Further, he would submits that initially, the complaint was given on 22.02.2020, thereafter, the defacto complainant has not taken any steps for near by about 3 years. After filing the civil suit by this petitioner/accused, the defacto complainant has come forward with the present complaint as counter blast to the Civil suit but the same has not been properly considered by the Jurisdictional Magistrate.
5. The learned counsel further pointed out that there was exchange of notice between the petitioner and the defacto complainant from the year 2020 itself. However, the defacto complainant never mentioned about the alleged entrustment of Rs.40 lakhs to the petitioner, which itself shows that the present complaint is vexatious and after thought. Further, he pointed out that in Income Tax Returns in Form 10 B discloses that no money of the Trust is lent or https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/03/2026 04:30:03 pm ) CRL RC No. 437 of 2024 entrusted to the petitioner or others, therefore, without proper verification of the records, the learned judge passed impugned orders as such, the same illegal and there is no prima facie material to set the law in motion. Hence, he prays to set aside the order passed by the Trial Court.
6. By way of reply, the learned counsel for the respondent submitted that in exercise of power conferred under Section 156(3) Cr.P.C, the Judicial Magistrate passed the order, which is not open to revision at the instance of person against whom neither cognizance has been taken nor any process issued. Hence, he prays to dismiss this Criminal Revision Case.
7. Heard the submission of the learned counsel for the petitioner and the respondent.
8. The learned counsel for the petitioner argued that initially, the defacto complainant has lodged a complaint before the Nallur police Station on 22.02.2020 alleging that the petitioner had lent a sum of Rs.42 lakhs to the petitioner on contrary now the defacto complainant lodged a private complaint before the Judicial Magistrate stating that he had entrusted a sum of Rs.42 lakhs to the petitioner. According to the defacto complainant, he is a permanent Treasurer of the Sri Venkateswara Trust, which is running Educational Institutions in Namakkal District.
9. Admittedly, there was dispute between the accused and the defacto complainant with regard to running Education Institutions and suit in OS No. 36 of 2022 is pending before the Paramathi Sub court, between the petitioner https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/03/2026 04:30:03 pm ) CRL RC No. 437 of 2024 and Sri Venkateswar Trust, wherein the petitioner sought to declare resolution dated 22.02.2020 as null and void. The said suit was filed on 08.03.2022. Thereafter the defacto complainant has preferred a private complaint before the Judicial Magistrate, Paramathi. Even as per the allegations of the defacto complainant on 22.02.2020, he gave a complaint before the Nallur police Station and CSR No. 38 of 2020 was issued by the police wherein the defacto complainant alleged that accused got a sum of Rs.42 lakhs from the defacto complainant for urgent needs and assured that he would return the same within a month and when the defacto complainant asked to return the money he threatened him. Therefore, as per CSR receipt No. 38 of 2020, the allegation of the defacto complainant against the petitioner is that the petitioner demanded loan of Rs. 42 lakhs and admitted that he was trustee of the Sri Venkateswar Trust. Now, in the complaint filed before the Magistrate, he stated that he had entrusted a sum of Rs. 42 lakhs to the petitioner. When he demanded to repay the amount, the petitioner threatened him. Therefore, the defacto complainant has lodged a private complaint before the Judicial Magistrate Court, Paramathi. Based upon the complaint given before the Nallur Police Station in the year 2020. Even according to his allegations, he gave a complaint before the police in the year 2020. Due to Covid pandemic and other reasons, the complaint was not taken on file. Hence, later he had approached the Trial Court for the very same allegations found in earlier complaint. However, the allegations in the complaint filed before the Nallur Police Station totally differs from the https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/03/2026 04:30:03 pm ) CRL RC No. 437 of 2024 allegations in the present private complaint filed before the Magistrate, which itself shows that he lodged a complaint with ulterior motive.
10. Admittedly, as rightly pointed out of the petitioner's counsel, as a Treasurer of the Sri Venkateswar Trust as to how the the defacto complainant has given Trust money to the accused without any resolution. Trust money cannot be used by any of the individual including defacto complainant without approval of trustees. Even the petitioner has not submitted the Trust account to show that the amount was paid to the defacto complainant from the Trust and the document annexed in the private does not contain any such document. He simply produced the CCTV footage without a certificate under Section 65B(4) of Indian Evidence Act. Further, the Trial Court has failed to take note of the fact that allegation found in complaint lodged before the Nallur Police Station totally differs from the present complaint.
11. It is made clear that this Court is not inclined to enter into the issue of maintainability of petition, however, as discussed above, on seeing the conduct of the defacto complainant, it is clear that the defacto complaint abused the process of law. On that ground, this Court is inclined to set aside the order passed by the Trial Court in Crl.MP. No. 3 of 2024 dated 20.02.2024. Accordingly, the order passed by the Trial Court in Crl.M.P No. 3 of 2024 is set aside.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/03/2026 04:30:03 pm ) CRL RC No. 437 of 2024
12. The learned counsel for the petitioner argued that one Shankar, who was employee of the defacto complainant, along with his wife and two children committed suicide due to the harassment made by the defacto complaint. However, the Mettur Police Station has not taken the case on file. Hence, in the interest of justice, this Court is inclined to call for report from the Mettur Police Station whether any such occurrence has happened within their jurisdiction.
13. In the result, this Criminal Revision Case is allowed. The impugned order passed in Crl.M.P No. 3 of 2024 dated 20.02.2024 is set aside. Registry is directed to call for report from the Mettur Police Station and post the matter on 17.03.2026 for filing report. Pending petition, if any, is closed.
Reporting compliance on 17.03.2026.
09.02.2026 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To
1. The Judicial Magistrate, Paramathi.
2. The SHO, Meetur Police Station.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/03/2026 04:30:03 pm ) CRL RC No. 437 of 2024 T.V.THAMILSELVI J.
pbl CRL RC No. 437 of 2024 AND CRL MP NO. 4228 OF 2024 09.02. 2026 https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/03/2026 04:30:03 pm )