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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.MURALI SHANKAR, J
V.Hariharan – Appellant
Versus
State of Tamil Nadu – Respondent
ORDER :
The Criminal Revision is directed against the order passed in Cr.M.P.No.3949 of 2024, dated 01.10.2024, on the file of the the learned Judicial Magistrate No.I, Madurai, dismissing the petition filed under Section 175(3) of BNSS .
2. The case of the petitioner/Manager of Desiganathar Textiles Private Limited, Dindigul is that the respondents 2 and 3 approached the petitioner's company in May 2024 to supply raw materials to produce Yarn as they are involved in providing raw materials from Adithya Birla Groups; that the petitioner's company believing the words of the respondents 2 and 3 and the reputation of Adithya Birla Groups has accepted the proposal; that the respondents 2 and 3 had issued a pre-invoice copy on 03.06.2024 to the petitioner for a sum of Rs.23,67,750/-; that the petitioner company had transferred the said amount from their HDFC Bank account to the Bank account of the accused persons at Koodal Nagar Branch on 06.06.2024; that the said transferred amount was withdrawn by the respondents 2 and 3 on 10.06.2024 and they made a promise that the consignment will reach the petitioner's company between 16.06.2024 and 18.06.2024; that since the consignment did not rea
The court emphasized that not all civil disputes warrant criminal prosecution, and a Magistrate must exercise discretion in referring cases for police investigation.
Criminal proceedings cannot be initiated for disputes that are fundamentally civil, to prevent misuse of the legal system.
Magistrate not post office; must judicially assess before directing FIR in civil-disguised criminal complaints under BNSS Section 175(3).
Revisional jurisdiction limited; no interference absent palpable error in Magistrate's order classifying money dispute as civil.
The court established that criminal proceedings cannot be initiated for mere civil disputes, emphasizing the need for clear evidence of criminal intent.
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