Pradeep Prabhu v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Pradeep Prabhu S/o.Chandramohan

...Petitioner

Vs 1.State by:

Inspector of Police, N1, Royapuram Police Station, Chennai.

Crime No.52 of 2021 2.C.Kumar S/o.V.Chinnaraj ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to call for the records and to quash the First Information Report in Crime No.52 of 2021 on the file of first respondent.

For Petitioner : Mr.R.Mayakrishnan For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1] *****

O R D E R

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This petition has been filed seeking to quash the First Information Report pending investigation in Crime No.52 of 2021 on the file of first respondent.

2. Heard Mr.R.Mayakrishnan, learned counsel for petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing for first respondent.

3. The grievance of the second respondent is that the accused persons made the second respondent to invest in a business and thereby he had invested a sum of Rs.16,12,000/-. The further grievance of the second respondent is that the accused persons had exported the goods and had received the money and the second respondent was not paid his share and thereby, the second respondent was cheated. Based on this complaint, the first respondent registered a case for offences u/s.417 and 506(i) IPC.

4. When the matter was taken up for hearing, learned Additional Public Prosecutor produced the statement that was recorded from the second respondent on 20.12.2021. On going through the same, it is seen that the 2/4

second respondent received a sum of Rs.8,00,000/- from the petitioner by way of three cheques and he requested to close the complaint insofar as the petitioner is concerned. Apart from the petitioner, there are two other accused persons in this case.

5. In the light of the above development, there shall be a direction to the first respondent to act upon the statement given by the second respondent to drop the case against the petitioner. Insofar as the two other accused persons are concerned, the first respondent shall proceed with the investigation and either file a final report or a closure report, as the case may be before the concerned Court within a period of two (2) months from the date of receipt of a copy of this order.

This Criminal Original Petition is disposed of in the above terms. 03.07.2023 Index : Yes/No Speaking order:Yes/No gm N.ANAND VENKATESH, J 3/4

gm To 1.The Inspector of Police, N1, Royapuram Police Station, Chennai.

Crime No.52 of 2021 2.The Public Prosecutor, High Court, Madras.

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