PRATHAP REDDY Vs. STATE

JUDGEMENT

(1.) The above criminal revision case has been filed against the order passed by the CCB and CBCID Metropolitan Magistrate, Egmore, Chennai in Crl.M.P.No.3825 of 2017 in CC.No.3284 of 2017, dtd. 3/12/2018, dismissing the petition filed by the petitioner herein under Sec. 239 of the Code of Criminal Procedure, seeking to discharging him from the case.

(2.) The petitioner herein/Accused No.2 was charged for offences under Ss. 420, 465, 467, 468 read with Ss. 471 and 34 of the Indian Penal Code, along with Accused No.1. The respondent police registered a case against the petitioner and the other accused in Crime No.80 of 2008, on the basis of the complainant from the defacto complainant that the petitioner/accused colluded together in order to create a forged lease agreement, dtd. 5/8/2007, and also certain other documents. The police investigated the case and examined witnesses and on the basis of their investigation, a final report was filed. According to the petitioner/second accused, he was charged for the offences only on the basis of the statement given by the Accused No.1 before the police and other than the statement given by the co-accused, there was no other material for charging him for the offences as mentioned by the police.

(3.) The prosecution case was that the defacto complainant was running a hotel in the name and style of 'Hotel Malabar Hotpots' at Door No.339, Arcot Road, Kodambakkam, Chennai - 24 for many years. Due to old age, he was unable to look after the business and therefore, he had entered into an oral agreement with the first accused to manage the business on 1/6/2007 and they entered into a written agreement on 8/9/2007. According to the agreement, the first accused was to manage the affairs of the hotel and pay a sum of Rs.15,000.00 per month as profit. The agreement was only for a period of 11 months from 1/6/2007.