At, Before the Madurai Bench of Madras High Court
By, THE HONOURABLE DR. JUSTICE P. DEVADASS
For the Petitioner: V.A. Dhana Aravindha Balaji, Advocate. For the Respondent: P. Kandasamy, Govt.Advocate (Crl.Side).
(Prayer: Criminal Revision Petition is filed, under Section 397 r/w 401 Cr.P.C., to call for the records in Cr.M.P.No.5766 of 2015 on the file of the Judicial Magistrate No.II, Madurai and to set aside the same and to provide any such relief.)
1. The complainant in a cheating case, aggrieved by the dismissal of his property return petition in Cr.M.P.No.5766 of 2015 on the file of the Judicial Magistrate No.II, Madurai has directed this revision.
2. There are two accused viz. A1 and A2. As per the prosecution version A1 sold considerable items of jewel to the defacto complainant. A2 is the maker of the jewel. Later defacto complainant lodged a complainant that what was sold to it is not pure gold. So a case of cheating has been registered by the police.
3. The company purchased the jewels without checking it and when it was melted it is found that it is a substandard jewel. The gold is in the form of ingot. Now, the petitioner seeks the interim custody of the ingot. This is a case of alleged cheating. Here the presence of ingot is very important. In such circumstances, it being so important in this case, the learned Magistrate dismissed the petition. In the circumstances, I do n
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ot find any legality is in issue in the order passed by Magistrate. 4. This Criminal Revision fails and it is dismissed.