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2021 Supreme(Mad) 2554

N.SATHISH KUMAR
Medekar Intisar Mohamed – Appellant
Versus
State Inspector of Police, Egmore – Respondent


Advocate Appeared:
For the Petitioner:P.V. Balasubramanian for M/s. BFS Legal, Advocates
For the Respondent:S. Vinothkumar Government Advocate, B. Mohan, Advocate

JUDGMENT :

(Prayer : Petition filed under Section 482 of Cr.P.C. to call for the records in FIR No.1656 of 2017 on the file of F2 Egmore Police Station, Chennai and quash the same.)

1. The above petition has been filed to quash the F.I.R No.1656 of 2017 on the file of F2 Egmore Police Station, Chennai, for the offences under Sections 406 and 420 of IPC.

2. The main contention of the learned counsel for the Petitioner is that in a commercial transaction, given a colour of criminal case, unnecessarily the husband and wife have been implicated without even the company being made an accused. The learned counsel further submitted that there were transaction between the parties for many years in respect of supply of leather products. Only when there is some default in payment at later point of time due to the loss in the company both the husband and wife have brought into the criminal case. Hence, the contention of the learned counsel appearing for the petitioner is that absolutely there is no intention whatsoever to deceive the 2nd Respondent/defacto complainant. Therefore, mere default committed on later part cannot constitute the offence under Section 420 I.P.C. Learned counsel further s

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