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2008 Supreme(Mad) 3035

K.N.BASHA
Rajan – Appellant
Versus
State rep. By Inspector of Police, Tiruppur – Respondent


Advocates Appeared:
For the Petitioner:V. Gopinath, Senior Counsel, R. John Sathyan, Advocate.
For the Respondent: M. Babu Muthu Meeran, Additional Public Prosecutor.

Judgment :-

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 chequ













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