S JAYAKUMAR Vs. STATE

JUDGEMENT

(1.) THE petitioner has filed the above Criminal Original Petition to call for the records of the case in C. C. No. 71 of 2006 pending on the file of the Judicial magistrate No. III, Vellore District and quash the same.

(2.) THE petitioner's contention is that he is a practising advocate of Vellore bar. The petitioner submitted that one V. S. Sudharsanam availed a financial assistance from the 2nd respondent / Shriram Investments Limited to the tune of rs. 1,60,000/-, on 12. 12. 2000, in order to purchase a transport vehicle, registration AP 26-T-2139. For the said loan, one Tulasiraman was guarantor. The said Sudharsanam is alleged to have remitted a sum of Rs. 22,000/- and is further alleged to have disposed of the hypothecated vehicle after dismantling it. So, the 2nd respondent/shriram Investments Limited, made a complaint with the 1st respondent/inspector of Police, District Crime Branch, who registered a case under Section 420 of IPC.

(3.) THE petitioner further alleged that the said Sudharsanam was attached as a clerk in the petitioner's office but subsequently he was removed from office. Sudharsanam was apprehended by the 1st respondent in connection with the case. He is alleged to have given a complaint to the police, implicating the petitioner, stating that Sudarsanam is the Binami Owner of the said vehicle. Further, Sudarsanam has stated that the vehicle was dismantled and sold part by part by the petitioner. On the basis of the complaint, the petitioner has been arrayed as the 3rd accused. He has been granted anticipatory bail. Investigation has been completed and charge sheet has also been filed in this case. The petitioner has been summoned to appear in this case. The petitioner further submitted that because of the pendency of the criminal case, his reputation, credit and local standing amongst the members of the bar and public have been affected. Hence, he prefers this application to quash this proceedings.