K MURUGASAMY Vs. INSPECTOR OF FACTORIES

JUDGEMENT

(1.) The revision petitioners/accused have filed a discharge petition in Cr.M.P.No.307 of 2010 for discharge them in C.C.No.368 of 2009, before the learned Magistrate, Nilakottai, the same was dismissed. Aggrieved by the dismissal order, this revision has been filed to set aside the dismissal order passed in Cr.M.P.No.307 of 2010 dated 17.02.2006. The brief facts of the case are as follows:

(2.) The respondent/complainant has filed a private complaint under Section 200 of Cr.P.C. for the alleged offence under Section 420 of the Indian Penal Code, stating that the accused are field workers to collect the money from the women self help organization. After such collection the money is to be remitted into the bank. Instead of remitting this money into the bank the accused mis- appropriated the collected funds, hence, the complainant filed this complaint.

(3.) The revision petitioners have stated that the said complaint in C.C.No.358 of 2009 is not sustainable. In the said complaint there was no date, no quantum of amount have not been mentioned. There was no sufficient evidence that the accused cheated the complainant. Documents 3,6 & 9 were filed along with the complainant which are self serving documents. As such the complaint is a misconceived one, hence the accused filed the discharge petition to discharge from the criminal proceedings.