Madras High Court
K.Mahesh vs Inspector Of Police on 7 September, 2021
CRL.O.P.No.15496 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.09.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.15496 of 2021
K.Mahesh, M/53,
S/o Kannivel,
Director,
Gambion Electronics Pvt. Ltd.,
No.12, Type - 2, Dr.Vikramsarabhai Interionic Estate,
Thiruvanmiyur,
Chennai - 600 042. ... Petitioner
Versus
Inspector of Police,
J-13 Taramani Police Station,
Taramani, Chennai. ...Respondent
PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, to set-aside the order dated 06.08.2021 passed in
Crl.M.P.No.55 of 2021 by the Learned XVIII Metropolitan Magistrate at
Saidapet and direct the respondent herein to register the complaint dated
24.04.2021 lodged by the petitioner pending on the file of the respondent
police in CSR No.185 of 2021.
Page No.1 of 7
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CRL.O.P.No.15496 of 2021
For Petitioner : M/s.R.Saravanakumar
For Respondent : Mr.A.Damodaran
Government Advocate (Crl Side)
For Intervener : Mr. N. Rajan,
for Mr.Rajan Isaac
ORDER
This Criminal Original petition has been filed to register the
complaint of the petitioner dated 24.04.2021.
2. The learned counsel for the petitioner submitted that the
petitioner, who is the Director of the Gambion Electronics Pvt. Ltd., had
lodged a complaint against one Rajan Isaac under Section 156(3) r/w
Section 200 CRPC before the XVIII Metropolitan Magistrate, Saidapet,
Chennai, which was taken on file in Crl.M.P.No.55 of 2021. The learned
XVIII Metropolitan Magistrate, by an order dated 06.08.2021, dismissed
the said petition observing that no offence is made out. Against which, the
present petition.
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CRL.O.P.No.15496 of 2021
3. The gist of the complaint of the petitioner is that the petitioner is
one of the Directors in the Gampion Electronic Private Limited situated at
Dr.Vikram Sarabhai Electronics Estate and there are 5 other Directors
apart from the petitioner. One Rajan Isaac is said to have misappropriated
the company's fund of Rupees One Crore and he has also taken away the
original title deeds of the company's property. Hence, other Directors had
passed resolution on 05.11.2015 and removed the said Rajan Issac from
the Directorship. Thereafter, the petitioner had lodged a complaint to J13,
Tharamani Police Station and CSR 46/2016 assigned, in which, Mr.Rajan
Issac was called for enquiry. At the time of enquiry, he submitted that the
original documents was not with him. But, on the contrary, in a civil suit
in O.S.No.950 of 201, which was filed by the said Rajan Isaac, he
admitted that the original documents of the said property are with him.
Hence, complaint has been lodged. But, without considering the same, the
lower Court dismissed the complaint of the petitioner. Hence, the present
petition.
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CRL.O.P.No.15496 of 2021
4. Mr. N.Rajan, (Enrollment No.462/1975) learned counsel
appearing for Mr.Rajan Issac, objected for maintaining the above petition
for the reason that the dispute is among the Directors of the Gambion
Electronics Private Limited and earlier the said Rajan Isaac filed a suit in
O.S.No.4847 of 2015 before the XV Assistant City Civil Court, Chennai,
which was later dismissed as withdrawn. Later, he had filed a suit in O.S.
No.950 of 2016 and the same was dismissed, on merits, on 30.01.2020 by
the learned XV Assistant Judge, City Civil Court, Chennai. The Certified
copy of the said judgment has been received by the said Rajan Isaac,
recently and steps have been taken to file an appeal. He would further
submit that the main crux of the issue is with regard to removal of
Directorship, and holding of the property. Whether it is rightful or by
deceitful means, the petitioner should approach the Additional chief
Metropolitan Magistrate for Economic Offences, which is specifically
constituted for offences, committed by the Directors, violating Companies
Act. In this case, admittedly, the dispute is between the Directors.
5. The learned Government Advocate (crl. side) would submit that
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CRL.O.P.No.15496 of 2021
earlier CSR assigned on the complaint of the petitioner and the same was
closed. Thereafter, CSR No.185 of 2021 assigned on the complaint dated
24.04.2021 and the same is pending.
6. This Court considered the submissions and perused the materials
available on records carefully.
7. Considering the submissions and from the perusal of the
materials, it is seen that the petitioner had already approached the
respondent police, CSR assigned and the same was closed. Thereafter, he
had filed a private complaint before the Magistrate to be forwarded under
Section 156(3) of Cr.P.C., which was also dismissed. In view of the
admitted fact that the petitioner as well as the said Rajan Isaac are the
Directors of Gambion Electronics Private Limited and it is a dispute within
the Directors, it would be appropriate to direct the petitioner to approach
the Economic Offence Court seeking Redressal under Companies Act.
8. With the above observations and directions, this Criminal
Original Petition is disposed of.
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CRL.O.P.No.15496 of 2021
07.09.2021
Index: Yes/No
Internet: Yes/No
mrp
To
Inspector of Police,
J-13 Taramani Police Station,
Taramani, Chennai.
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.15496 of 2021
M.NIRMAL KUMAR, J.
mrp
CRL.O.P.No.15496 of 2021
07.09.2021
https://www.mhc.tn.gov.in/judis/
