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2019 Supreme(Mad) 2330

V.PARTHIBAN
K. Samuel Jebakumar – Appellant
Versus
N. Radhakrishnan – Respondent


Advocates Appeared:
For the Petitioner:R. John Sathiyan, V. Rajiv Ragul, Advocates.
For the Respondents: Issack Mohanlal, Senior Counsel for M/s. Lakshmi Gopinathan, M/s. Anantha Devi, Government Adv.

JUDGMENT :

Prayer: Criminal Revision Case is filed under Sections 397 r/w 401 and 482 of the Criminal Procedure Code to call for the records and set aside the order dated 14.05.2019 in Crime No.29 of 2018, on the file of the Judicial Magistrate Court No.III, Thoothukudi.

1. The present revision is filed against the order passed by the learned Judicial Magistrate No.3, Tuticorin in Crl.M.P.No.29 of 2018 dated 14.05.2019 dismissing the protest petition filed by the petitioner herein.

2. The case of the prosecution is that the defacto complainant entered into business transaction with the first respondent in regard to export of match boxes outside India. In the course of the business deal, certain consignments were handed over to the petitioner by the first respondent to be exported to African countries. According to the petitioner, the first respondent had introduced a foreign buyer to him and however, the consignment exported to the African country was not taken delivery at the receiving point and the petitioner was not paid due to the export of the consignments by the buyer and therefore, the petitioner suffered business loss. According to the petitioner, his wife was running a propri

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