Madras High CourtCRL RC(MD)/350/2020dismissed

Seeman v. Paramandi

2022-04-13Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.R.C.(MD) No.350 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.(MD)No.350 of 2020 Seeman ... Petitioner/Petitioner Vs.

1. Paramandi

2. Kanchi Selvam

3. Tamizharasan

4. Balaji

5. Seeman

...Respondents/Respondents

Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the records in relating to the order passed in Crl.M.P No.281 of 2020 dated 14.02.2020 by the learned Judicial Magistrate, Melur and set aside the same by allowing this Criminal Revision case for direction to investigate the complaint preferred by the petitioner.

For Petitioner : Mr.A.V.Arun For Respondents : Mr.J.Barathan for R2 to R5

O R D E R

This petition has been filed to call for the records relating to the order passed in Crl.M.P No.281 of 2020 dated 14.02.2020 by the learned Judicial Magistrate, Melur, thereby dismissed the petition filed for seeking direction under Section 156(3) of Cr.P.C., and set aside the same.

2.The petitioner has lodged a complaint before the jurisdictional police alleging that the respondents borrowed a sum of Rs.13,00,000/- who is in Quatar country and promised to repay the said amount. To that effect, the respondents have also executed an agreement. However, thereafter, the respondents have failed to repay the amount and as such the petitioner herein has lodged a complaint. The learned Judicial Magistrate, Melur, on 14.02.2020 dismissed the said petition on the ground that it is a civil dispute. Against the said order, this Criminal Revision Petition has been filed.

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Crl.R.C.(MD) No.350 of 2020 3.Heard the learned counsel on either side.

4.This Court is of the view that all the allegations alleged as against the respondents are civil in nature and it is a money transaction. In fact, the respondents executed an agreement in favour of the petitioner. Therefore, the Court below has rightly dismissed the complaint seeking direction under Section 156(3) of Cr.P.C., and this Court does not find any infirmity or illegality in the order passed by the Court below.

5.Accordingly, this Criminal Revision Petition is dismissed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) Pnn To:-

1. The Judicial Magistrate, Melur.

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

+1 CC to M/s.S.J. CHAKKARAVARTHY, Advocate ( SR-18629[F] dated 13/04/2022 ) +1 CC to M/s.T.R. JEYAPALAM, Advocate ( SR-18924[F] dated 18/04/2022 Crl.R.C.(MD)No.350 of 2020 13.04.2022 NA(CO) KB(22.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2