PUGALENDI Vs. STATE

JUDGEMENT

(1.) THIS Revision is directed against the order dated 15.10.2012 made in Cr. M.P. No. 2703 of 2012 in C.C. No. 123/2012 on the file of Judicial Magistrate I, Krishnagiri.

(2.) THE petitioner is the accused in the said case, against whom, charge sheet has been laid for offence under Section 420 IPC. The de facto complainant is the Divisional Manager of Shriram Transport Finance Company Limited, Chennai. A complaint was lodged against the petitioner on 08.06.2007 before the District Crime Branch stating that the petitioner obtained a loan of Rs. 3,25,000/ - for the purchase of lorry with Reg. No. TN 57 U 1188, but, without making the Hire Purchase endorsement, sold it to some one else clandestinely. It is further stated that there are several other branches for the complainant finance company and functioning at Krishnagiri and Tiruvannamalai, which are in administrative control of the said complainant and the Divisional Manager is authorised to finance loans. It is further stated that by virtue of powers vested with him, Madhan, Branch Manager of Tiruvannamali has financed Rs. 60,000/ - and Rs. 2,75,000/ - for the purchase of two lorries to the petitioner viz., K. Pugalendi, Oothangarai during October 2005 and January 2006 since the Pugalendi proved to be a good customer; when the said Pugalendi wanted to purchase another lorry, S. Madhan sanctioned Rs. 3.25 lakhs and paid through a draft when customer called on him, by pre -arrangement at Krishnagiri Branch on 5.06.2006 after executing the due agreement. The further allegation in the complaint is that without making the hire purchase endorsement, the said lorry has been sold and the loan amount has not been repaid.

(3.) THE court below, after taking into consideration the averments made in paragraphs 2 and 8 of the complaint observed that the averments in the complaint proved that the alleged offence has taken place at Krishnagiri, over which the court has jurisdiction and dismissed the application filed by the petitioner. Challenging the same, the present Criminal Revision is filed.