There can be no second FIR and no fresh investigation on receipt of subsequent information in respect of the same cognizable offence or incident.

JUDGMENT

(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in Crime No.19 of 2020 on the file of the first respondent police and quash the same insofar as the petitioner is concerned.)

1. This Criminal Original Petition has been filed to quash the F.I.R in Crime No.19 of 2020 on the file of the first respondent.

2. The second respondent lodged a complaint alleging that the second accused contacted through online the defacto complainant and represented that she is doing 3M Mask 8210 business and requested the defacto complainant to approach her if said masks are required. Hence, the defacto complainant contacted her for masks and she in turn introduced first accused. The defacto complainant and the first accused entered into the agreement for purchasing two lakhs masks on 06.06.2020. The rates of masks are fixed as 5.25 crores and 50% advance money is to be paid. Accordingly, the defacto complainant paid Rs.2,62,50,000/- to the account of the first accused firm on 06.06.2020. Since no masks came after four days as promised, the defacto complainant contacted the first accused, he informed that he deposited the amount with the third accused, since he is going to get masks from Netherlands. The petitioner also said that the masks would come within one week. In the meantime, the first accused gave SGS certificate. When the defacto complainant tested the same, he found that the said certificate is fraudulent one. When the defacto complainant demanded money from the first accused, he gave cheque, which was dishonoured. On the complaint given by the second respondent, a case in Crime No.19 of 2020 has been registered against the petitioner and other accused by the first respondent for the offences under Sections 120(b), 406, 409, 420, 467 and 474 of I.P.C.

3. Mr.Ajmal Khan, learned Senior Counsel appearing for the petitioner would submit that the petitioner is a Medical Practitioner running hospital in the name and style of 'Sri Kaligambal Hospital' in Vadipatti. He offered application for purchasing 3M 8210 N95 masks from 3M Netherland B.V.Company. One Patrick Van Dick contacted the petitioner and agreed to sell 5 lakhs pieces of masks. The Manager of the said company-Peter Booths had sent proforma invoices with payment terms. On believing the said proforma, the petitioner paid 20% advance of 1,60,000 US Dollar for five lakhs pieces of masks through his bank account on various dates. On receipt of the same, the company had sent Airway Bill and SGS report and requested another 30% of the money. When the petitioner tested the SGS certificate, he came to understand that it is a fraudulent one. Therefore, the petitioner demanded return of money.

4. Simultaneously, one Uday Shankar Parupalli from Hyderabad contacted the petitioner on 22.05.2020 and represented that he is having best relations with Duke company, Krygystan and promised to supply 3M 8210 masks and the petitioner also paid a sum of Rs.2,00,000/- through his bank account. Thereafter paid 20% to the tune of Rs.32,00,000/- of the total value as an advance. Thereafter one Surya Narayanan introduced himself as Commercial Director of Duke Company and contacted the petitioner and promised to supply masks, if 20% of the advance amount is paid. On believing his words, again the petitioner deposited a sum of Rs.37,34,824/-. Subsequently also he paid some amount. In total a sum of Rs.90,65,161/- was paid. When the petitioner demanded to supply of masks, the first accused/Uday Shankar Parupalli along with other accused threatened him with dire consequences.

5. The petitioner lodged a complaint in respect of the first transaction against accused Nos.1 to 3 namely Patrick Van Dick, Peter Booths and Neterland B.V Company and the same has been registered in Crime No.26 of 2020, dated 31.07.2020 on the file of the Inspector of Police, District Crime Branch, Madurai for the offences under Sections 120(b), 406, 420 and 34 of I.P.C.

6. The petitioner also lodg