G K CHEZHIAN Vs. STATE

JUDGEMENT

(1.) The petitioners approach this Court with a prayer to call for the records in C.C.No.246 of 2009 pending on the file of the Judicial Magistrate No.1, Thoothukudi and quash the same.

(2.) The petitioner in Crl.O.P.No.103 of 2010 is arrayed as A2 and the petitioner in Crl.O.P.No.1061 of 2010 is arrayed as A4 and they have come forward with the present application stating that on the basis of the complaint given by the second respondent, a case has been registered in crime No.32 of 2008 for the offences under Sections 120(b), 465, 468, 471 and 420 I.P.C. and after completion of investigation, the charge has been filed for alleged offence under Sections 468, 471, 420, 201 r/w 34 I.P.C, which was taken on file in C.c.No.246 of 2009 on the file of the learned Judicial Magistrate No.1, Tuticorin;

(3.) The case of the petitioners are that the defacto complainant/R2 is one of the shareholders in Tamilnad Mercantile Bank Limited, Tuticorin and there are civil disputes between some of the Directors of the Bank, which led for filing a civil suit in C.S.No.481 of 2008 on the file of the Principal Bench of this Court and the suit was filed by Tamilnadu Mercantile Bank Shareholders Welfare Association represented by its office bearers, who are cited as A1 to A3; since no injunction has been granted in the said suit, the defacto complainant, no way was affected; now one of the member of the Association has given a complaint stating that he is not the member of Tamilnad Mercantile Bank Shareholders Welfare Association, but their names have been mentioned in annexure and when they filed a suit stating that the 172 nos. of members of the Association were holding 95418 shares in the second defendant viz., the Tamilnad Mercantile Bank Limited, whose list has been annexed; one Mr.Shashi Ruia, ESSAR Group of Company, Mumbai, with an intention to take over the Management of Tamilnad Mercantile Bank has entered into a Memorandum of Understanding that the shareholders of the Tamilnad Mercantile Bank by 1,97,455 shares roughly about 67% of shares in the names of 7 companies owned by him, at that time, the plaintiff has filed a suit and prayed for declaring the transfer of 95,418 shares of the second defendant company at the meeting of the Board of Directors of the second respondent company held on 13.05.2007 as null and void and also of no legal effect and other consequential relief; in that plaint, the Association has given a list of members of the Tamil Nadu Mercantile Bank Shareholders' Welfare Association in page No.14 to 18, since the defacto complainant is not the member of the Association, he has given a complaint and a case has been registered. He relied upon the 161(3) Cr.P.C. statement one Arumugan and Ashok, Subramanian and submits that no prima facie case has been made against the petitioners.