LAWS(MAD)-2015-2-251

MRF LIMITED Vs. UJJAWAL SAMPATH CHORDIA AND ORS.

Decided On February 27, 2015
MRF LIMITED Appellant
V/S
Ujjawal Sampath Chordia And Ors. Respondents

JUDGEMENT

(1.) This revision challenges the order of learned Chief Metropolitan Magistrate, Egmore, Chennai, passed in Crl.M.P. No. 7573 of 2014 in X Crime No. 317 of 2014, on 04.12.2014.

(2.) The case in Crime No. 317 of 2014 on the file of second respondent has been registered for offences u/s.406, 420 r/w 120-B IPC. Petitioner is the de facto complainant company. The accusation is that petitioner/complainant was induced to effect payment of a sum of Rs.1,98,50,592/- to the accused towards having delivery of a foreign Car on misrepresentation that the partnership firm of the accused was the dealer for such Car. The further allegation is that petitioner was induced to spend a sum of Rs.1,00,00,000/- towards customs duty and other expenses. Several others across the Country had been cheated by the accused in similar fashion. Pursuant to a Look Out Circular, first respondent/wife of accused in the case, has been apprehended by the Mumbai police on 31.10.2014 and on the direction of learned XXIV Chief Metropolitan Magistrate, Borivalli, Mumbai, surrendered before learned Chief Metropolitan Magistrate, Egmore, Chennai, on 03.11.2014. She has sought bail in Crl.M.P. No. 7332 of 2014 on the same day and was granted relief. Petitioner/de facto complainant moved Crl.M.P. No. 7573 of 2014 seeking cancellation of bail and the same was dismissed by learned Chief Metropolitan Magistrate, Egmore, on 04.12.2014. Against such dismissal, petitioner has preferred the present revision.

(3.) Heard Mr. Rupert Barnabas, learned counsel for petitioner, Mr.V.Gopinath, learned senior counsel for first respondent and Mr.M.Mohamed Riyaz, learned Government Advocate [Crl.side] for second respondent. Records called for and perused. So also, the status report of second respondent.