TMI Blog2021 (7) TMI 1405X X X X Extracts X X X X X X X X Extracts X X X X ..... ondent/LW1 and other aspirants have never met the 2nd respondent/LW1. In order to confirm the job, the 2nd respondent/LW1 went along with A4 and met A3, who received the money and promised that within a week the appointment order will be issued - When the cash balance were verified with the bank, it was found that no sufficient balance in the account of A4. In this case, the 2nd respondent/LW1 and A4 are the persons who had been in constant touch with each other during the transactions and involved themselves in the process of getting appointment orders. As regards A1 and A2 are concerned, they had given assurance that the appointment order would be issued to the victims, but there is no material to show that A1 and A2 directly involved in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... C.C.No.2021 and, is facing trial for offence under Sections 406, 409, 420, 506(i) r/w 34 IPC before the learned Additional Special Judge for Trial of Cases related to Members of Parliament and Members of Legislative Assembly of Tamil Nadu, Chennai. 3.The gist of the case is that the 2nd respondent/defacto complainant was working as Technical Staff in the Metro Transport Corporation, Perambur. A4-Rajkumar was working in the Head Office of the Metro Transport Corporation and he came in contact with the 2nd respondent when he visited the Head Office. During the year 2014, a notification for recruitment of Driver and Conductor in the Tamil Nadu State Transport Corporation was issued. A4-Rajkumar informed that the employment of Driver and Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oured and the money will be returned. For the balance Rs.10/- lakhs, A4 assured to return the amount later. Thereafter, the 2nd respondent visited the City Union Bank, Mount Road Branch, Chennai to ascertain whether sufficient balance is available in the bank account. The Bank informed that no sufficient balance available in the account. When the 2nd respondent approached A4-Rajkumar and A2, brother of A1, they gave one reason or other and were avoiding repayment of the amount to the 2nd respondent. 5.Finally, all the accused threatened the 2nd respondent to do away not to exert pressure seeking return of money. Since A1 was Former Transport Minister and the Member of the Legislative Assembly, the 2nd respondent sensing fear for his life ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... money to him. The petitioner had only received consultancy charges and nothing more. 7.The learned Senior Counsel for the petitioner further submitted that in this case since A1 had fallen apart from the ruling dispensation, at that point of time to brook vengeance and due to political animosity, this case has been foisted blown out of proposition. The specific statement of the victims/LW2 to LW14 is that they approached the 2nd respondent for getting job and not the petitioner/A3 or the other three accused. Later, A1 to A3 gave any assurance of securing jobs in the Tamil Nadu State Transport Corporation. The bottom line is that only if the candidates possess the eligibility criteria, will get qualified and thereafter appointment can be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Tamil Nadu State Transport Corporation. The victims hail from poor family and with great difficulty, the amount was mobilized by selling lands and pledging jewels for the promise of securing job in a public section undertaking. The accused gave assurance to get job and thereafter, cheated and misappropriated the amount of the victims. Further, the victims not only lost their job, but also lost their money. 10.The learned Government Advocate further submitted that the occurrence is said to have taken place in the year 2014 and after five years, it is now represented that both the 2nd respondent and the victims arrayed at compromise during 2019. The compromise took place after completion of investigation and filing of charge sheet bef ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... will be issued. As regards, A1 and A2 is concerned, they had given assurance that all the aspirants would get appointment orders. On failure of getting appointment orders, the 2nd respondent/LW1 questioned A4, who said to have promised that in the second list the name of the victims would be found and later, this also not happened. Hence, the money given by the victims were returned by way of two cheques of Rs.15 lakhs each. When the cash balance were verified with the bank, it was found that no sufficient balance in the account of A4. In this case, the 2nd respondent/LW1 and A4 are the persons who had been in constant touch with each other during the transactions and involved themselves in the process of getting appointment orders. As reg ..... X X X X Extracts X X X X X X X X Extracts X X X X
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