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2022 Supreme(Online)(MAD) 12348

HIGH COURT OF MADRAS
V.SIVAGNANAM, J
G.Rathakrishnan – Appellant
Versus
J.Giri – Respondent


Advocates:
For the Appellants/Petitioners: Mr.S.Ramasamy
For the Respondents: Mr.R.Sureshkumar (for R3 & R4)

Table of Content
1. the financial dispute is essentially civil. (Para 2 , 6 , 7)
2. the procedural legality in police inquiry and the trial court's acceptance. (Para 3 , 4)
3. criminal nature of the complaint is affirmed to be absent. (Para 5 , 8 , 9)
4. final dismissal of the original petition. (Para 10)

ORDER

This Criminal Original Petition is filed to set aside the order passed in Cr.M.P.No.2477 of 2021 dated 14.03.2022 on the file of the Judicial Magistrate No.II, Virudhunagar directing the third respondent police to register the First Information Report based upon the petitioner's complaint dated 17.01.2020.

2.Fact:-

(i) The respondents 1 and 2 are the owners of a Fire Works Factory, by name, V.P.S. Fire Works Industries situated at Pornayakkanpatti village, Sivakasi Taluk. They offered to the petitioner to sell their Fire Works Industry and adjacent land for a total consideration of Rs.1,65,00,000/-. The petitioner has also agreed to purchase the said properties and entered into an agreement on 24.06.2019 and paid a sum of Rs.6,00,000/- as advance. Both the parties agreed to conclude the contract on or before 23.09.2019. Since they are not able to conclude the contract before 23.09.

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