SARAVANAN Vs. D RAMVIJI

JUDGEMENT

(1.) CRL .R.C.(MD) No. 931 of 2010 has been preferred against the order dated 6.9.2010 made in Crl.M.P. No. 4494 of 2010 on the file of the Judicial Magistrate No. II, Karur. The said Crl.M.P. was filed under Section 239 of Cr.P.C. seeking discharge of the petitioner/A1, before the Court below. Crl.R.C. No. 938 of 2010 has been filed challenging the order dated 6.9.2010 made in Crl.M.P. No. 4980 of 2010 on the file of the Judicial Magistrate No. II, Karur. The said Crl.M.P. was filed by the petitioner/ de facto complainant against the first respondent herein seeking an order for further investigation, directing the second respondent/complainant to collect necessary materials regarding the signature of the accused and conduct the investigation in a more effective manner narrating all the details of the transactions or in the alternative, order for further investigation by a Superior Investigating Agency viz., C.B.C.I.D. or any other Investigating Agency as the Court below deems fit and proper.

(2.) IT is seen that by order dated 6.9.2010 made in Crl.M.P. No. 4494 of 2010, the Court below allowed the Crl.M.P. and discharge the first respondent/A1. Aggrieved by the said orders, the petitioner/ de facto complainant has preferred both the criminal revisions.

(3.) IN the impugned order, the Court below has specifically stated that the petitioner has not prima facie established the allegation that the first respondent/A1 had received a sum of Rs.83,00,764.00 by way of producing any supporting materials. The Court below has further found that the alleged transaction between the revision petitioner and the first respondent/A 1 as stated is civil in nature and that no criminal case has been made out punishable under Sections 406 and 420 I.P.C. With the above findings, the first respondent/A1 was discharged.