LAWS(MAD)-2024-3-328

B. GAJENDRAN Vs. T. ARUNACHALAM

Decided On March 21, 2024
B. Gajendran Appellant
V/S
T. Arunachalam Respondents

JUDGEMENT

(1.) This is a petition filed by the petitioner challenging the order dtd. 11/9/2023 passed by the learned Chief Metropolitan Magistrate, Egmore, Chennai-8 (for short, the Court below) in Crl.M.P.No.37894 of 2023 dismissing the petition filed for transfer of the case in C.C.No. 4492 of 2013 pending on the file of the Second Metropolitan Magistrate, Egmore, Chennai-8 (for brevity, the Trial Court).

(2.) The petitioner (A1) along with three others are facing trial before the Trial Court in C.C.No.4492 of 2013 for offences under Ss. 379, 406, 420, 463, 465, 467 and 478 read with Sec. 34 of the Indian Penal Code.

(3.) The case of the respondent - complainant is that he was having a company, in which, the petitioner (A1) was the founderdirector along with the respondent. Both of them had 25,000 equity shares each and were into the business of real estate. It is alleged that the accused persons forced the respondent to give up his position as a director by illegally transferring the shares in favour of the fourth respondent, who is none other than the mother of the petitioner. That apart, the shares and the jewellery were stealthily removed from the locker and by forging the share transfer application, the shares were also transferred in favour of the mother of the petitioner.