High CourtsSingle Bench(2018) 01 MAD CK 0387

S.Kumar vs The Superintendant of Police & Ors

Madras High Court · Decided on 2 January 2018

HON’BLE JUDGES
P.Rajamanickam
RESULT
Disposed Off
CASE NUMBER
14534 of 2017

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Judgment

14 paragraphs · 223 words
1.

The Criminal Original Petition has been filed by the petitioner to direct the third respondent to register a case/F.I.R based on the complaint given

by the petitioner, dated 23.06.2017.

2.

Heard Mr.S.Muthukumar, learned Counsel for the petitioner and Mr.K.Anbarasan, learned Government Advocate (crl.side), who takes notice

for the respondents.

3.

The learned counsel for the petitioner submitted that the petitioner engaged one Advocate, namely, Mr.L.Mariaselvam for his land acquisition

case and in that case the compensation of Rs.42,98,217/- was awarded. He further submitted that the said Advocate L.Mariaselvam, got

signatures from the petitioner in blank papers and by using the same opened a joint account in a bank and withdrawn a sum of Rs.4,17,400/-

without knowledge of the petitioner and therefore, he has committed cheating, but the respondents without making any proper enquiry, closed the

complaint.

4.

The learned Government Advocate, on the contrary, submitted that on enquiry, it was found that the petitioner has voluntarily opened joint

account with the said Advocate L.Mariaselvam, in a bank and since the bank rules permit to withdraw the amount by anyone of the joint account

holders, the complaint has been closed.

5.

Recording the aforesaid submission made by the learned Government Advocate (crl.side), this Criminal Original Petition is closed. It is open to

the petitioner to avail any other remedy available under the law.