KISHAN LAL Vs. DHARMENDRA BAFNA

JUDGEMENT

(1.) Leave granted.

(2.) Jurisdiction of a Magistrate to direct reinvestigation of a case from time to time as laid down under sub-section (8) of Section 173 of the Code of Criminal Procedure, 1973 (for short, "the Code") is the question involved in this appeal. It arises out of a judgment and order dated 13th March, 2008 passed by a learned single judge of the High Court of Judicature at Madras in Crl. R.C. No. 245 of 2008 allowing the criminal revision application filed by the respondent No.1 from an order dated 13th February, 2008 passed by the learned III Metropolitan Magistrate, George Town, Chennai.

(3.) Indisputably, on or about 30th December 2005, a complaint was lodged by the appellant against Accused Nos. 1 to 9, namely, Lakshmichand Bafna (Accused No.1), Dharmendra Bafna (Accused No.2), Mahendar Bafna (Accused No.3), Rakesh Bafna (Accused No.4), G.R. Surana (Accused No.5), Shantilal Surana (Accused No.6), Vijayaraj Surana (Accused No.7), Dinesh Chand Surana (Accused No.8) and Maran (Accused No.9) before the Commissioner of Police, Chennai City, Chennai inter alia alleging that they connived together from the beginning and cheated him a sum of Rs.4.65 crores by denying to return the money which was given to them for purchase of gold. It was alleged that the amount was entrusted on various dates from 06th October 2005 to 17th November 2005. Although they have admitted the liability to the extent of 4.95 crores, but did not return either any gold or money to the complainant.