Chennai Magistrate upholds police closure report in partnership dispute that named Deputy Mayor

A Metropolitan Magistrate Court in Egmore, Chennai dismissed a protest petition filed by one A Esakkiammal against deputy mayor M Mahesh Kumar, minister K R Periyakaruppans relative P Gunasekaran, K Balamurugan, K Divakar, N Selvarajan and district register officer Sathya Priya. The court dismissed the petition seeking further investigation into allegations of forgery and cheating related to the partnership firm M/s. Mars Mines after the death of her husband, Late S.R. Mohan. Esakkiammal challenged the Further Action Dropped report filed by the Central Crime Branch on May 4, 2024, alleging that certain partners had forged her deceased husband's signature in official documents (Form V and Form II-A) submitted to the Registration Department. After reviewing the investigation records, submissions, and partnership documents, the Court on July 22, 2025, held that: The partnership was unregistered and contained no clause dissolving the firm upon a partners death. As per recent Supreme Court guidance, a partnership with more than two partners does not automatically dissolve upon the death of a partner. The alleged signing of Form V in the deceased partners name did not cause any wrongful loss, as the form did not require his signature. No evidence supported criminal charges under Sections 120B, 420, 465, 467, 468, and 471 IPC. The dispute between the parties related primarily to settlement of partnership accounts and is therefore civil in nature. The Court also relied on the Supreme Court judgment in Sheila Sebastian vs. R. Jawaharaj (2018), reiterating that forgery requires intent to cause damage, which was absent in this case. The Court concluded that the investigation was properly conducted and that no criminal offence had been made out. Accordingly, the judicial magistrate dismissed the protest petition and accepted the police closure report.