Venkateswara Rao Molleti vs Commissioner Of Police And Others

T.V.Thamilselvi, J

This Civil Revision Case has been filed by the petitioner seeking to set aside the Order dated 26.03.2024 in Crl.M.P.No.5235/2024 on the file of the learned XVIII Metropolitan Magistrate, Saidapet, Chennai.

The learned counsel for the petitioner submitted that the petitioner had preferred an Application before the trial Court under Section 156(3) of Cr.P.C., seeking to direct the respondents to register a case and investigate the complaint preferred by him and initiate proceedings against the accused for committing fraud and cheating. It is submitted that the accused had cheated the petitioner by entering into a fraudulent Franchise Agreement, under which, the petitioner paid a sum of Rs.33,00,000/- (his hard-earned money) to Accused Nos.1 to 3. The accused with an intention to defraud, not only executed the said Franchise Agreement, but, also adopted the same tactics with other investors. Despite the petitioner's complaint, the respondents did not take any action. Therefore, the petitioner had filed an Application supported with material evidence before the trial Court. However, the learned Trial Judge has dismissed the petitioner's Application. Aggrieved over the same, the petitioner has filed the present Criminal Revision Case.

2.1. It is further submitted by the learned counsel for the petitioner that the petitioner had invested Rs.33,00,000/- in the company of accused. The accused repeated the same fraudulent tactics and cheated several investors. Based on the complaint given by one Mr.Gowri Shankar in Crime No.161 of 2023, it is evident that the accused are in the habit of defrauding investors. Thus, the petitioner has established that the accused not only received Rs.33,00,000/- from him, but, also induced him to invest in their company which was already running at a loss. The trial Court, however, failed to consider the conduct of the accused.

Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel for the petitioner, this Court is inclined to set aside the findings of the trial Court.

Accordingly, Order dated 26.03.2024 in Crl.M.P.No.5235/2024 passed by the learned XVIII Metropolitan Magistrate, Saidapet, Chennai is hereby set aside. The respondent Police is directed to conduct an enquiry on petitioner's complaint, in the manner known to law, within a period of six weeks from the date of receipt of a copy of this order.

This Criminal Revision Case stands disposed of in the above terms.