Karthic v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.09.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.OP.No.17771 of 2010 and MP.No.1 of 2010 Karthic

...Petitioner

vs.

1. State Rep Inspector of Police, S-11 Tambaram Police Station, Crime No:456/2010

2. Anthony Gomez

...Respondents

Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records and quash the F.I.R dated 12.05.2010 in Crime No:456 of 2010 for offences under section 417, 420 506(1) of IPC pending investigation on the file of the respondent.

For Petitioner : Mr.J.Srinivasan For Respondents : Mr.C.Emalias, APP for R1 Party in person for R2

O R D E R

This petition has been filed to call for the records and quash the F.I.R dated 12.05.2010 in Crime No:456 of 2010 for offences under sections 417, 420 and 506(1) of IPC pending investigation on the file of the first respondent police.

2. Heard the learned counsel for the petitioner, the learned Additional Public Prosecutor appearing for the first respondent and the learned counsel appearing for the second respondent.

3. On the complaint lodged by Anthony Gomez, the first respondent police have registered a case in Crime No:456 of 2010 on 12.05.2010 u/s.417, 420 & 506 (i) of IPC, challenging which the petitioner is before this Court.

4. On a reading of the complaint, it is seen that, Anthony Gomez is running a Blue Metal crushing business in the https://hcservices.ecourts.gov.in/hcservices/

name of MAG Blue Metals and that the petitioner is running a business in the name of ACE Concretes Pvt.Ltd.

4. It is stated in the complaint that, ACE Concretes Pvt.Ltd., did business dealings with Blue Metal Construction for which a sum of Rs.53,71,752/- is due. Even in the complaint, Antony Gomez has stated that, ACE Concretes Pvt.Ltd., had given 7 cheques which had bounced. On a reading of the FIR, the transaction appears to be a business transaction between the petitioner and Antony Gomez.

5. In the result, the petition is allowed and FIR Cr.No.456 of 2010 is quashed. Consequently miscellaneous petition is also closed.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar dpq To

1. The Inspector of Police, S-11 Tambaram Police Station,

2. The Public Prosecutor High Court, Madras.

CRL.OP.No.17771 of 2010 and MP.No.1 of 2010 NMI (CO) kk 22/10 https://hcservices.ecourts.gov.in/hcservices/