MADHES Vs. MOORTHY

JUDGEMENT

(1.) This Criminal Appeal arises out of the dismissal of private complaint in C.C.No.571 of 2008 passed by the learned Judicial Magistrate No.5, Salem, dated 13.07.2009, acquitting the respondents/accused for offence under Section 379 IPC.

(2.) Case of the appellant/complainant is that he was running a silver pattarai at Door No.4/229 at Salem and that the respondents/accused 1 to 3 were working under him. On 04.08.2004, the 1st respondent/1st accused had informed the appellant/complainant that the 3rd respondent/3rd accused had taken the keys of the silver pattarai. Due to Mariamman festival, there was continuous holiday for the shop and that on 04.08.2004, the appellant/complainant got back the keys from the 3rd respondent/3rd accused. When he had gone back to the the shop on 08.08.2004, he found that 70 kgs of silver blocks were missing from his shop and the value of the silver was about Rs.7 lakhs. Since the respondents/accused did not come to the shop, having suspicion, the appellant/complainant had gone to their houses and that they were also not found thereby the appellant/complainant filed a complaint before the Kondalampatti Police Station and as directed by the Kondalampatti police, a complaint was written by him and given to them on 14.08.2004. Based on which a case was registered in Crime No.244 of 2004, for offence under Section 379 IPC.

(3.) Since the investigation was not properly done by the Kondalampatti police, the appellant/complainant had filed a petition before this Hon'ble Court and a direction was issued on 19.04.2005, to complete the investigation and file the final report within a period of one month. Even thereafter, the Kondalampatti Police did not investigated the matter properly and they have referred the case as mistake of fact. Thereafter the appellant/complainant had filed a private complaint before the learned Judicial Magistrate No.5, Salem. Based on the sworn statement of the appellant/complainant, the trial Judge took cognizance of the case and summons were issued to the respondents/accused. On appearance of the respondents/accused copies were furnished to them and further evidence was let in on the side of the appellant/complainant.