Suresh Manuel Mani Joseph v. The Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :22.01.2025 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.30547 of 2024 and Crl.M.P.Nos.17355 and 17356 of 2024 Suresh Manuel Mani Joseph ... Petitioner Vs.
1. Superintendent of Police Namakkal District
2. Deputy Superintendent of Police Crime Branch, Namakkal District
3. The Inspector of Police DCB Police Station, Namakkal, Namakkal District
4. Mohanasundaram Managing Director M/s.Christy Textile Products Private Limited C1 & C2, SDICO Industrial Estate Andipalayam Tiruchengode - 637 214 Namakkal Distrit ... Respondents 1/5
Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S. to call for records and quash the FIR No.4 of 2024 on the file of the 3 rd respondent.
For Petitioner : Mr.Sam Jayaraj Houston for Sarvabhauman Associates For Respondents 1 to 3 : Mr.S.Sugendran Additional Public Prosecutor For 4 th Respondent : Mr.Rahul Balaji
ORDER
This Criminal Original Petition has been filed by the petitioner to quash the FIR No.4 of 2024 dated 22.05.2024 on the file of the 3 rd respondent police, registered for the offence under Sections 409 and 506(2) IPC.
2. Heard both sides and perused the materials available on record.
3. According to the learned counsel for the petitioner, it is purely a civil transaction and the 4 th respondent/defacto complainant is trying to give a criminal colour to the civil dispute.
4. A reading of the FIR clearly shows that it is a case of business transaction between the petitioner and the 4 th respondent/defacto complainant 2/5
and that there is no material to show that the transaction involved in this case is criminal in nature.
5. Therefore, the FIR in Crime No.4 of 2024 on the file of the 3 rd respondent police is hereby quashed.
6. However, the 4 th respondent is at liberty to work out his remedy before the civil Court for recovery of money and also for damages as the case may be, in the manner known to law.
7. Accordingly, this Criminal Original Petition is allowed. Consequently, connected Miscellaneous Petitions are closed. 22.01.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 3/5
To
1. Superintendent of Police Namakkal District
2. Deputy Superintendent of Police Crime Branch, Namakkal District
3. The Inspector of Police DCB Police Station, Namakkal, Namakkal District
4. The Public Prosecutor High Court of Madras 4/5
P.VELMURUGAN. J.
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