The essence of the legal framework applied by the court is that a genuine threat and actual fear are necessary for the offence of criminal intimidation, and vague allegations without real threat do not constitute the offence.

The Petitioner is the sole accused and he has come forward with this petition seeking for the relief of quashing the proceedings pending in C.C.No.82 of 2004 on the file of the learned Judicial Magistrate No.1, Tiruppur.

2. The learned senior counsel for the petitioner submits that the petitioner has been implicated for the alleged offence under Sections 420 and 506(i) I.P.C. It is further submitted by the learned senior counsel for the petitioner that even if the entire allegations contained in the complaint and other materials available on record taken in its face value, no offence is made out under Sections 420 and 506(1) I.P.C. The learned senior counsel for the petitioner would submit that the entire case is purely of civil nature and even if the allegations contained in the F.I.R. and other materials available on record, there was no criminal transaction between the petitioner and the defacto complainant.

3. It is further submitted that there was a business transaction between the petitioner and the defacto complainant right from the year 1995 as the petitioner purchased elastic yarn from the complainant company and he was making periodical payments through cheque or cash and the petitioner was having running account in the course of the business transaction. It is contended that the claim of the defacto complainant is that the petitioner company owes an amount of Rs.10,23,086/-. It is submitted that the further allegation of the defacto complainant is to the effect that the petitioner called the defacto complainant to his office and stated to him that he does not owe any amount to be paid to him, in spite of that, he demands any money, he will be done away with. The learned senior counsel for the petitioner would further submit that the earlier complaint filed by the defacto complainant was referred as mistake of fact stating that the remedy lies only before the Civil Court in view of the transaction said to have taken between the parties. It is submitted that thereafter the defacto complainant preferred a complaint before the learned Judicial Magistrate and the same was referred under Section 156(3) Cr.P.C. and ultimately F.I.R. was registered and final report was also filed implicating the petitioner herein as stated above.

.4. The learned senior counsel for the petitioner once again reiterated that the materials available on record do not constitute offence under Section 420 or 506(i) I.P.C. and the said dispute arises out of commercial transaction and as such remedy lies only before the Civil Court.

5. Heard the learned Additional Public Prosecutor. It is submitted by the learned Additional Public Prosecutor that the materials available on record discloses that there was a commercial transaction between the parties viz., the petitioner and the defacto complainant and the main allegation is that the petitioner owes an amount of Rs.10,23,086/- to the defacto complainant during the course of the commercial transaction. Learned Additional Public Prosecutor would further submit that there is an allegation of criminal intimidation in the F.I.R. and the same was alleged during the examination of witnesses recorded under Section 161 Cr.P.C.

6. I have carefully considered the rival contentions put forward by either side and also perused the impugned complaint and other materials available on record.

.7. It is seen that the petitioner is the sole accused and he has been implicated for the alleged offence under Sections 420 and 506(i) I.P.C. The main allegation is to the effect that there was business transaction between the petitioner and the defacto complainant right from the year 1995 and the petitioner owes an amount of Rs.10,23,086/-to the defacto complainant. It is further alleged that when the defacto complainant demanded payment of such amount, the petitioner threatened the defacto complainant with dire consequences. The undisputed fact remains to the effect that there was a business transaction betwee