Mr.Janarthanan v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.10.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM and Crl.M.P.No.16104 of 2022 Janarthanan ... Petitioner Vs.

1.State by The Inspector of Police, Central Crime Branch, Salem City, Salem District.

Crime No.18 of 2013.

2.A.Sathya Narayanan ... Respondents PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records in FIR in Crime No.18 of 2013 dated 20.08.2013 pending investigation on the file of the first respondent police and quash the same. For Petitioner : Mr.M.Jaikumar For Respondents : Mr.S.Santhosh for R1, Government Advocate (crl.side) 1/4

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.18 of 2013 on the file of the first respondent for the offences under Sections 120(b) & 420 of IPC.

2.The learned counsel for the petitioner submitted that the defacto complainant is doing real estate business and he knows the distributors of Havells Electronic Items viz., V.Narayanamurthy, Srinivasan and Rajeswari for many years. While so on 11.09.2009, the above said persons were approached the defacto complainant and requested to give hand loan of Rs.40,00,000/- and also promised the defacto complainant that they will return the same within three months. As per the request of the said persons, the defacto complainant gave money to them and the said persons after three months, gave only two months interest to the defacto complainant and when the same was questioned by the defacto complainant, the said persons gave cheque to the defacto complainant, which was returned on 22.12.2012 stating that "insufficient funds". Therefore, the defacto complainant lodged a complaint against the accused persons. He would submit that the petitioner is no way connected with the alleged offence. Hence, the present petition has been filed. 2/4

3.The learned Government Advocate (crl.side) appearing for the first respondent submitted that in this case, final report has been filed before the learned Judicial Magistrate No.V, Salem and the case has been taken up on file in C.C.No.801 of 2022 on 19.10.2022.

4. Recording the submission made by the learned Government Advocate (crl.side), this Criminal Original Petition is closed with a liberty to the petitioner to challenge the final report. Consequently, connected Criminal Miscellaneous Petition is closed.

31.10.2022 Internet:Yes/No Index:Yes/No Speaking/Non speaking order shk 3/4

V.SIVAGNANAM ,J.

shk To

1. The Inspector of Police, Central Crime Branch, Salem City, Salem District.

2. The Public Prosecutor, High Court of Madras.

and Crl.M.P.No.16104 of 2022 31.10.2022 4/4