Madras High CourtCRL OP(MD)/26/2023disposed of

Jeyakanthan v. The Inspector Of Police

2024-09-02Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and Crl.MP(MD)No.26 of 2023 1.Jeyakanthan 2.Jeyaraman ... Petitioners/Accused No.1&2 vs.

1. The Inspector of Police, District Crime Branch, Dindigul, Dindigul District.

(Crime No.47 of 2021) ... 1st Respondent/Complainant 2.D.Maheswari ...2nd Respondent/Defacto Complainant Prayer:- Petition filed under Section 482 of Code of Cr.P.C., to call for the records pertaining to the First Information Report in Crime No.47 of 2021 on the file of the first respondent police and quash the same. For Petitioners : Mr.A.R.Kannappan For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor for R1 Mr.V.A.Dhana Aravindha Balaji for R2 1/4

ORDER

This petition is filed to quash the FIR in Crime No.47 of 2021 on the file of the first respondent police.

2. The primary contention of the learned counsel for the petitioners is that earlier the same complaint was lodged before the Singanallur Police Station and upon being convinced that the transaction is civil in nature and already a check has been given, the complaint was enquired and closed. Therefore, the present complaint is not maintainable.

3. It can be seen from the arguments of the learned counsel for the petitioners that earlier no FIR was registered. In that view of the matter, it cannot be quashed as a second case.

4.Whether the earlier complaint was closed before the issue of cheque. Whether the cheque was issued from a closed account with an intention to cheat are to be decided by considering the factual matrix which are revealed in the investigation.

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5. Therefore, on those grounds, FIR itself cannot be quashed. The petitioner can very well raise all the points before the Investigating Officer and bring it to his knowledge about the various contentions and it is for the Investigating Officer to consider the same.

6. With the above observations and liberty, the Criminal Original Petition shall stand disposed of. Consequently, the connected miscellaneous petition is closed.

02.09.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No dss To 1.The Inspector of Police, District Crime Branch, Dindigul, Dindigul District.

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

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D.BHARATHA CHAKRAVARTHY, J.

dss and Crl.MP(MD)No.26 of 2023 02.09.2024 4/4