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Madras High CourtCRL RC(MD)/189/2021dismissed

M.Pradeep Kannan v. The Inspector Of Police

2022-04-06Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.R.C(MD)No.189 of 2021 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED : 06.04.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.R.C(MD)No.189 of 2021 M.Pradeep Kannan ... Petitioner/Petitioner Vs.

1.The State, The Inspector of Police, Ayakudi Police Station, Dindigul District.

2.Thiruvasagam ... Respondents/Respondents PRAYER: Criminal Revision Case filed under Section 397 and 401 of the Code of Criminal Procedure, to call for the records in Cr.M.P.No.464 of 2021 by the learned Judicial Magistrate, Palani, dated 11.02.2021 and set aside the same and further direct the first respondent to register FIR on the basis of the complaint of the petitioner filed under Section 156(3) of Cr.P.C before the learned Judicial Magistrate, Palani.

For Petitioner : Mr.D.Venkatesh For R - 1 : Ms.M.Aasha Government Advocate (Criminal Side)

ORDER

This revision has been filed challenging the order passed in Cr.M.P.No.464 of 2021 dated 11.02.2021 on the file of the learned Judicial Magistrate, Palani, thereby dismissed the petition filed for direction under Section 156(3) of Cr.P.C. 2.The petitioner lodged a complaint before the first respondent and the same has not been taken consideration. Therefore, the petitioner was constrained to file a petition for direction under Section 156(3) of Cr.P.C.

3.Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) appearing for the first respondent and perused the materials available on record. 4.On a perusal of the complaint revealed that the second respondent requested the petitioner to lend loan to the tune of Rs.3,70,000/- on 05.10.2019. Accordingly, on the same day, the petitioner paid a sum of Rs.1,00,000/-, on 06.10.2019, the petitioner paid a sum of Rs.1,00,000/-, on 07.10.2019, the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.R.C(MD)No.189 of 2021 petitioner paid a sum of Rs.1,00,000/- and on 08.10.2019, the petitioner paid a sum of Rs.70,000/- as loan to the second respondent. On 01.01.2021, when the petitioner asked the second respondent to re-pay the loan, which was parted by him, he scolded him with filthy language. Therefore, the entire allegations are money dispute and as such, the Court below rightly dismissed the petition and this Court finds no infirmity or illegality in the order passed by the Court below. Accordingly, this Criminal Revision Case is dismissed.

Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) ps Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Judicial Magistrate, Palani.

2.The Inspector of Police, Ayakudi Police Station, Dindigul District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.R.C(MD)No.189 of 2021 06.04.2022 RK(19/04/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2