Madras High Court
T.Somasundaram vs M/S. Sriram Chits Tamil Nadu Ltd on 6 July, 2022
Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
Crl.R.C.No.275 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.07.2022
CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Crl.R.C.No.275 of 2022
T.Somasundaram ... Petitioner
Versus
1. M/s. Sriram Chits Tamil Nadu Ltd.,
Rep. by its Managing Director,
Having registered office at
Door No.123, Angappannaicken Street,
George Town,
Chennai – 600 001.
2. M/s. Sriram Chits Tamil Nadu Ltd.,
Rep. by its Branch Manager,
No.41C, N.S.R. Branch,
Coimbatore – 641 011. ... Respondents
Prayer: Criminal Revision Case filed under Section 397 and 401 Cr.P.C,
to set aside the order passed by the learned Judicial Magistrate No.III,
Coimbatore in Crl.M.P.No.970 of 2021, dated 30.03.2021 by allowing this
Criminal Revision Petition.
For Petitioner : Mr.B.Kumarasamy
For Respondent : Mr.Adarsh Subramanian
ORDER
This Revision Case is filed aggrieved by the order, dated 30.03.2021, https://www.mhc.tn.gov.in/judis 1/4 Crl.R.C.No.275 of 2022 in and by which, the learned Judicial Magistrate No.III, Coimbatore, dropped the further proceedings in the complaint by the petitioner, under Section 200 of the Code of Criminal Procedure, as per the provision of Section 203 of the Code of Criminal Procedure. It goes without saying that after an enquiry or otherwise, the learned Magistrate is entitled to drop the proceedings under Section 203 of the Code of Criminal Procedure, if no cognizable offence is made out.
2. Taking into account, the gist of the allegations made in the complaint, the grievance of the complainant is that when he had gone to take loan for the second time, certain signatures, in blank promissory notes and printed formats, were taken from him. In that view of the matter, it cannot be said that the respondents indulged in creating any false document and therefore committed forgery. Therefore, since the averments in the complaint does not make out any offence, no exception can be taken for the learned Magistrate in dismissing the complaint of the petitioner.
3. As far as the grievance of the petitioner is concerned, it is stated across the bar that the appeal is now pending as against the award of the Registrar of Chit funds. Therefore, the petitioner will be very much at https://www.mhc.tn.gov.in/judis 2/4 Crl.R.C.No.275 of 2022 liberty to take the said grievance in accordance with law in the pending proceedings, since the grievance expressed is civil in nature.
4. In the result, the Criminal Revision Case is dismissed with the aforesaid liberty. Consequently, Crl.M.P.No.4233 of 2022 for impleading the third respondent therein is closed.
06.07.2022 Index : yes/no Speaking/Non-speaking order grs To The Judicial Magistrate No.III, Coimbatore.
https://www.mhc.tn.gov.in/judis 3/4 Crl.R.C.No.275 of 2022 D.BHARATHA CHAKRAVARTHY, J.
grs Crl.R.C.No.275 of 2022 06.07.2022 https://www.mhc.tn.gov.in/judis 4/4