Sridhar Tiruchi v. G.P Gnanarajan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 03.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Sridhar Tiruchi ... Petitioner/Petitioner/De-facto Complainant vs.

1.G.P.Gnanarajan 2.A.M.Vidyasri 3.A.M.Chamundeswari 4.A.M.Rajashri 5.Sujai Ramalingam 6.Suriya Prakash 7.R.Kannan

...Respondents/Respondents Proposed Accused 1 to 7

PRAYER : This Criminal Revision Petition has been filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the records relating to the order passed by the Judicial Magistrate No.1, Madurai in Crl.M.P.No.1684 of 2022, dated 13.07.2022 and set aside the same. For Petitioner : Mr.S.Chamundi Bose 1/4

O R D E R This Criminal Revision Petition is directed against the order passed by the learned Judicial Magistrate No.1, Madurai in Crl.M.P.No. 1684 of 2022, dated 13.07.2022, dismissing the petition filed under Section 156(3) of Cr.P.C.

2.The learned Magistrate, on considering the materials produced and the complaint, has come to a decision that the complaint discloses purely business relationship, involves money transaction and breach of contract between the parties and that the case is of civil nature, dismissed the petition.

3.On considering the complaint and other materials available, the impugned order, dismissing the petition under Section 156(3) of Cr.P.C., cannot be found fault with.

4.At this juncture, the learned counsel for the petitioner would submit that the petitioner may be granted liberty to file a private complaint.

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5.Considering the above, this Criminal Revision Petition is dismissed. The petitioner is at liberty to file a private complaint under Section 200 of Cr.P.C. and on filing of such complaint, the learned Judicial Magistrate No.1, Madurai, is directed to proceed in accordance with law.

03.08.2022 sji To 1.The Judicial Magistrate No.1, Madurai.

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

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K.MURALI SHANKAR, J.

sji 03.08.2022 4/4