M/S.Ani Exportsrep By P.Govindaraju v. M/S.Cathcy Foods Private Limited (Cfpl)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.07.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M/s.Ani Exports Represented by Managing Partner P.Govindaraju Having office at No.28/2A, Pondy Venkateshwara Rice Mill Campus Puducherry Cuddalore Main Road, Tollgate, Noonankuppam Village, Manavely Ariyankuppam Puducherry - 605 007.

...Petitioner

Vs M/s.Cathcy Foods Private Limited (CFPL) Represented by its director K.Madhan Kumar Having office at No.J-41, Shriram Sadana Apartments MSR Road Gokula Mathikere Bangalore - 560 054.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to set aside the order passed in Crl.R.P.No.18/2021 dated 22.09.2022 by the learned II Additional Sessions Judge, Puducherry, confirming the order passed in Cr.M.P.No.3397/2021 dated 23.09.2021 by the learned Judicial Magistrate III, Puducherry. For Petitioner : Mr.E.Thiyaga ***** 1/4

O R D E R

This Criminal Original Petition has been filed challenging the order passed by learned II Additional Sessions Judge, Puducherry, in Crl.R.P.No.18/2021 dated 22.09.2022 confirming the order passed by learned Judicial Magistrate III, Puducherry, in Crl.M.P.No.3397 of 2021 dated 23.09.2021, dismissing the application filed u/s.156(3) Cr.P.C.

2. Heard Mr.E.Thiyaga, learned counsel for petitioner and carefully perused the materials available on record.

3. Both the Courts below, on considering the allegations made in the petition and the materials available, came to the conclusion that the entire transaction was civil in nature and accordingly, the application filed u/s.156(3) Cr.P.C. was dismissed. The finding rendered by the Courts below does not suffer from any illegality or infirmity and it does not require the interference of this Court. The petitioner has to either work out their remedy by filing a complaint u/s.200 Cr.P.C. or they have to approach the civil Court and seek for appropriate relief.

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In view of the above, this Criminal Original Petition is dismissed. 21.07.2023 Index : Yes/No Speaking order:Yes/No gm To 1.The II Additional Sessions Judge, Puducherry.

2.The Judicial Magistrate III, Puducherry.

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N.ANAND VENKATESH, J gm 21.07.2023 4/4