CITY UNION BANK LIMITED Vs. SUMERCHAND BAFNA

JUDGEMENT

(1.) This petition has been filed challenging the order dtd. 1/4/2024 passed by the learned Metropolitan Magistrate for Exclusive Trial of CCB Cases (Relating to Cheating Cases in Chennai) and CBCID Metro Cases, Egmore, Chennai in Crl.M.P.No.25130 of 2023 in CNR TNCH0f-035792-2023, thereby directed the Deputy Commissioner of Police to appoint an office in the level of Inspector of Police to enquiry the complaint lodged by the first respondent and whether, if it is necessary registered an FIR or to file report within a period of fifteen days from the date of receipt of that order and investigate into the matter and file report within a period of three months.

(2.) The petitioners are the proposed accused persons in the complaint lodged by the first respondent. On the complaint lodged by the first respondent, the learned Magistrate issued direction under Sec. 156(3) of Cr.P.C., thereby directed the Deputy Commissioner of Police to engage an officer not below the rank of Inspector of Police to enquiry the complaint dtd. 7/12/2022 and file report.

(3.) The learned Senior Counsel appearing for the petitioners submitted that the petitioners are being bankers, they have nothing to do with the allegations leveled against them and there is absolutely no prima facie case to enquire further. The first respondent suppressed several facts such as initiation of SARFAESI proceedings in O.A.No.162 of 2023 on the file of the Debt Recovery Tribunal-3, Chennai and obtained direction from the Magistrate. Further the suit in C.S. (Comm Div) No. 178 of 2023 also filed before this Court by one Mahalaxmi Inn Private Limited and the same was suppressed by the first respondent. If the pendency of these proceedings disclosed before the learned Magistrate, no directions would have been issued to conduct enquiry into the complaint lodged by the first respondent. The learned Magistrate without application of mind mechanically issued direction and without even gone through the complaint.