N. DHANRAJ KOCHAR Vs. STATE

JUDGEMENT

(1.) The issues involved in all these petitions are common, and therefore, they are taken up together, heard and disposed of through this common order.

(2.) The FIR registered by the 1stRespondent in Crime No. 73 of 2018, is the subject matter of challenge in all these petitions.

(3.) The 2nd Respondent preferred a complaint before the 1stRespondent alleging that his father, along with A-1 and one Mr. Abdul Rawoof formed a company registered in the name M/s. D.R. Foundation and Estates Pvt. Ltd., and that his father had invested a sum of Rs.1.71/- crores in the said Company. The object of the Company was to purchase lands in its name at Siruseri and Chemmencheri villages, respectively. It was alleged that the funds were diverted and properties were purchased in the name of the family members of A-1 with the help of A-11. This resulted in a complaint being given by the father of the 2ndRespondent before the Crime Control Bureau, Chennai and the same was registered in Crime No. 815 of 2006. The complaint was given against 11 named accused persons, and all of them faced trial in C.C. No. 530 of 2007 before the learned Judicial Magistrate, Alandur. The learned Magistrate by judgment dated 01.11.2017 convicted A-1, A-2, A-3, A-5, A-7, A-8, A-9 and A-10 for various offences under the Indian Penal Code, 1806 and sentenced them accordingly. While so, the 2ndRespondent noticed that the accused persons had entered into an agreement of sale with M/s. Lanco Horizon Pvt. Ltd. on 23.05.2007 during the pendency of the earlier criminal proceedings, by misappropriating the amount invested by his father. Hence, according to the 2nd Respondent, the accused persons have committed an offence of cheating. Based on this complaint, the 1st Respondent has registered an FIR in Crime No. 73 of 2018.