IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07.04.2010 CORAM: THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.O.P. No. 19316 of 2007 and M.P. No. 1 of 2007 Saraswathi .. Petitioner -vs- The State rep. by its Inspector of Police District Crime Branch Villupuram. Crime No.19 of 2006 .. Respondent Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C. to call for the records and pass an order quashing the final report filed by the respondent in C.C. No. 39 of 2006 on the file of the Hon'ble Judicial Magistrate No.2, Villupuram. For Petitioner : Mr. A. Sirajudeen, for M/s.Siraj & Siraj For Respondent : Mr. J.C. Durairaj, Govt. Advocate O R D E R The petitioner, who was an animator of self help group formed on 15.04.1998 under the name 'Mullai Mahalir Mandram' faces prosecution of offence under Sections 409 and 420 I.P.C. pending in C.C. No. 39 of 2006, on the file of the learned Judicial Magistrate No.2, Villupuram. 2. Towards upliftment of women, schemes for financing self help group of women by Banks have been conceived and several self help groups are given finance towards undertaking business and other activities with the aim of augmenting the income of women. The petitioner was the animator of the said group and the allegation against her is that though finance was provided for the self help group for running a eatery outlet at the District Collectorate, she had started running such eatery engaging her own personal and had https://hcservices.ecourts.gov.in/hcservices/ failed to render due accounts of use of funds, to the self help group. Hence, on representation to the District Collector, and on enquiry thereon, the permission to run the eatery at the District Collectorate was withdrawn on 28.02.2005. As it was found that the petitioner had withdrawn a sum of Rs.44,800/- meant for the self help group and had neither repaid such principal sum or the interest, she was called upon to repay such sum. She had repaid a sum of Rs.20,000/- and the amount outstanding from the petitioner was Rs.31,785/-. On complaint filed against the petitioner, investigation has been conducted and the final report has been filed informing the commission of offences under Sections 409 and 420 I.P.C. Case is now pending in C.C. No. 39 of 2006, on the file of the learned Judicial Magistrate No.2, Villupuram. 3. The learned counsel for the petitioner would submit that the petitioner was an animator and she was charged of having failed to collect sums due to the bank from the members of the self help group. A reading of the complaint in the case, the charge filed therein, as also counter filed by the respondent would show such contention is without any merit. The petition does not deserve any consideration and the petition shall stand dismissed. The connected miscellaneous petition is closed. 4. However, the dismissal of the criminal original petition shall not, in any manner have any bearing on the proceedings before the Trial Court. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar kj To 1.The Judicial Magistrate No.2 Villupuram. 2.The State rep. by its Inspector of Police District Crime Branch Villupuram. https://hcservices.ecourts.gov.in/hcservices/ 3.-do- Thro The Chief Judicial Magistrate, Villupuram. 4.The Public Prosecutor, High Court, Madras. 1 cc To M/s.Siraj & Siraj, Advocate, SR.22692 Crl.O.P. No. 19316 of 2007 and M.P. No. 1 of 2007 rv(co) pmk.6.5.2010. https://hcservices.ecourts.gov.in/hcservices/