ORDER :

1. This Criminal Original Petition has been filed by the Petitioner/A1, seeking to call for the records relating to the private complaint in C.C.No.95 of 2016 pending on the file of the learned Judicial Magistrate No-I, Erode and to quash the same.

2.Brief facts of the case:

The petitioner is the 1st accused in C.C.No.95 of 2016 filed by the respondent / complainant for the offence under Sections 420 read with Section 34 and 506 (ii) IPC against the petitioner. The brief allegations in the private complaint is that the respondent / complainant on seeing the advertisement in flex board and television clipping featuring the 4th accused Prabhu [cine actor] had gone to Kalyan Jewellers in Erode run by the petitioner herein on 25.07.2015 and purchased gold ear stud, weighing about 3.200 gms, by paying a sum of Rs.8,938.85/- and had also paid a sum of Rs.61.15/- towards the insurance premium. The further case of the respondent / complainant is that when he had shown the said stud after two days to his mother in the presence of his sister, his mother was shocked on seeing a metal wire in the stud and immediately they came to a conclusion that they have been cheated and his mother and sister had advised the respondent / complainant to make necessary complaint to the said Kalyan Jewellers. Thereafter, the respondent/complainant contacted the shop run by the accused through telephone and when he informed them about the same, the persons in the shop informed the complainant that he could return the ear stud and take back the money and the complainant had informed them that he would consult his mother and do so. On 28.07.2015 at about 2.00 p.m., when the complainant, his mother and brother were in their house, a person named Karthi had come to the house and introduced himself saying that he was sent by the Manager of Kalyan Jewellers and had asked the complainant to come to Mullamprambu Bus Stop. The complainant along with his brother had gone to the said bus stop and the said Karthi had told him that the news about the adulteration in the ear stud need not be disclosed to anyone outside since it would spoil the reputation of the company and had asked the complainant to return the ear stud and the bill and that they would pay more. The complainant had refused to do so and had informed him that he would take action as per law and immediately the said Karthi had threatened the complainant with dire consequences.

3.On 28.07.2015, the complainant had sent a complaint to the District Collector requesting for action to be taken in the said issue. Thereafter, the complainant went to a jewel appraiser in Erode on 06.08.2015 and had requested him to assess the quality of the ear stud. The said assessor had informed him that a metal wire had been fixed with the said gold stud and the ear stud was not of required quality and thereby, the complainant had come to a conclusion that the accused had cheated him. Thereafter, since no action had been taken on the complaint, the complainant had sent a legal notice on 07.08.2015 to the accused and on 08.08.2015, the complainant had received a call and the caller identifying himself to be one Manikandan, had stated that he was the Regional Manger of M/s.Kalyan Jewellers and had informed that he had wanted to see him and that the complainant had informed that he was standing in front of Bharathi Theatre, Veerappan Chatram, and within 5 minutes a white colour Bolero car had come near him and two persons had got down from the car and asked the complainant to get into the car stating that the Manager of M/s.Kalyan Jewellery was waiting inside the car and that the said two persons had also asked him for the jewel and the bill. When the complainant had refused, the said Manikandan had threatened the complainant stating that if he does not bring the jewel before that evening, his life would be ended and they went away. Thereafter, the complainant had received a reply notice from the Advocate of the accused on 09