Madras High CourtCRL RC/683/2022dismissed for nonprosecution

C.Cross Melvin v. Inspector Of Police

2022-06-10Honourable Mr Justice D.Bharatha Chakravarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.06.2022 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL.R.C.NO.683 OF 2022 C.Cross Melvin .. Petitioner

Versus

1. The Inspector of Police, K10 Koymbedu Police Station, Chennai.

2. D.Anilkumar

3. D.Anitha Mary

4. Raju .. Respondents/ Respondents Prayer:

Criminal Revision Case is filed under Section 397 and 401 of Cr.P.C., to set aside the order passed in Crl.M.P.No.13166 of 2021, dated 10th day of December, 2021 on the file of the learned V Metropolitan Magistrate, Egmore and direct the 1st respondent to register the F.I.R in accordance with law. For Petitioner : No Appearance

ORDER

This Revision is filed, aggrieved by the order, dated 10.12.2021, passed by the learned V Metropolitan Magistrate, Egmore in Crl.M.P.No.13166 of 2021, whereby, the learned Magistrate had rejected the said complaint as civil in nature.

2. A perusal of the complaint, which is filed under Section 190 (i)(a) of Code of Criminal Procedure, it is clear that there is an allegation in paragraph No.3 that the accused borrowed a sum of Rs.3,00,000/- as financial assistance for construction of their new house and they have not repaid it. Thereafter, in paragraph No.4, another allegation is made that the accused had got construction work, in which it was agreed that the part of https://hcservices.ecourts.gov.in/hcservices/

the work was agreed to be allotted to the complainant and in that payables, only a part of the amount has been paid and the balance is not paid. Further, an allegation is made that on the influence of the accused person, the architect had not given approval for the work done by the complainant.

3. A perusal of the complaint does not disclose any criminal officence. Accordingly, the Trial Court was right in rejecting the complaint as civil in nature. There are no reasons to interfere with the said order. Accordingly, this Criminal Revision Case stands dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar grs To

1. The V Metropolitan Magistrate, Egmore.

2. The Inspector of Police, K10 Koyambedu Police Station, Chennai.

3. The Public Prosecutor, High Court of Madras.

Crl.R.C.No.683 of 2022 RR(CO) PM/20/06/2022 https://hcservices.ecourts.gov.in/hcservices/