AJITH ROSSAVAN PHILIP Vs. THOMAS GEORGE

JUDGEMENT

(1.) THE Criminal Original Petition No.4500 of 2005 has been filed by accused 4 and Criminal Original Petition No. 7522 of 2005 has been filed by Accused 1 and 2 of the very same Criminal Case No. 1827 of 2005 on the file of Additional Chief Metropolitan Magistrate, Egmore, Chennai and quash the same.

(2.) MR. G.M. Ramasubramanian, learned counsel appearing for the petitioners submitted that the respondent herein had already filed a similar complaint before the IV Additional Chief Metropolitan Magistrate, Bangalore City against, Babu Manil Koshy and his wife, the petitioners in Crl. O.P. No. 7522 of 2005, for an offence punishable under Section 406 of I.P.C, on the same set of facts. Wherein by its order dated 26.2.2003, the learned IV Additional Chief Metropolitan Magistrate, Bangalore City has ordered as follows:Complainant present. Heard the counsel. Register F.I.R. The complaint is referred under Section 156(3) of Cr.P.C. to A.C.P. Ulsoor for investigation and to report by 3.4.2003.

(3.) AFTER the final report, Protest report was filed by the respondent/complainant for which he has filed an affidavit. In the affidavit, the respondent/Complainant has stated that, he was working as Quality Controller in U.S.A. and living there along with his family members and he was a friend of Babu Mannil Koshy @ Babu from his childhood. The said petitioner/Accused 1, and his wife second petitioner/Accused-2 in Crl. O.P.No. 7522 of 2005 had been very close to the complainant and in the year 1993, the first petitioner/accused-1 visited U.S.A and during his stay at the respondent's residence, he had proposed that they could float a company for developing real estate, consisting of himself, his wife along with the respondent/complainant and others as Directors. As per the proposal, the company under the name and style of Alfa Home Makers Pvt. Ltd., was registered under the companies Act 1956 having its registered office at Chennai and he had been transferring money to the company which was managed by the petitioner/A1, in Crl. O.P. No. 7522 of 2005. According to him, a total sum of Rs.30 lakhs had been transferred by the respondent/complainant in cash. Over a period of time, immovable properties worth about Rs.2 crores had been purchased by the company, managed by the petitioner/accused No.1. The other accused had in collusion with the petitioner/A1 also committed offence of criminal breach of trust.