4.The petitioners herein are the General Manager and the Branch Manager of Shriram Chit Funds. The facts that the complainant bid 9 chits in the name of himself, his wife and son and thereafter, arbitration case was filed before the Deputy Registrar of Chits, Cuddalore for default in making payment and award was passed and execution petition was filed by the company against the complainant and the award amount was discharged by way of monthly deduction from the salary of the complainant, are not seriously denied. The complaint proceeds as if the chit amount was not paid to the complainant and his family members and false case was preferred and decree was obtained and the amount was falsely recovered from the salary of the complainant. The next part of the complaint proceeds to say that even after payment of the amount, the documents such as cheques, pro note, other papers and identity card were not returned to the complainant. As rightly pointed out by the learned counsel for the petitioners, the very fact that the arbitration case was filed before the Deputy Registrar of Chits, Cuddalore and the award was passed against the complainant and his family members, would prima facie falsify the first part of the allegations raised in the complaint that the chit amount was not paid to the complainant and his family members. The question of committing default in making payment will arise only when the complainant received the entire amount and failed to repay the same. Had it been true that the chit amount was not paid to the complainant, the complainant would have approached the appropriate forum for recovery of the amount and the failure of the complainant to initiate any such action, even after initiation of arbitration proceedings before the Deputy Registrar of Chits, Cuddalore, will render the allegations raised in the complaint not believable. In that event, no ingredients for the offences under section 406 IPC for criminal breach of trust and under section 420 IPC for the act of cheating are made out against the petitioners herein.
