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2021 Supreme(Online)(MAD) 46877

HIGH COURT OF MADRAS
Hon`ble Mr Justice N. SATHISH KUMAR
MR. G.MOHANLAL PARMAR – Appellant
Versus
N.BALAKRISHNAN – Respondent


ORDER

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.1056 of 2016 on the file of the Judicial Magistrate, Alandur, Kancheepuram District, for the offences under Sections 406, 420 and 506(i)

IPC.

2.It is the main contention of the de facto complainant that the accused had made a false representation and made to believe the complainant to supply the goods. Only on their promise and representation, the complainant had loaded the goods and the petitioners thereafter defrauded the complainant and parted with the goods. Therefore, the complaint has been filed.

3.The learned counsel appearing for the petitioners would submit that the complaint is not maintainable, as it is purely a commercial transaction, therefore, there cannot be any prosecution. It is his further submission that there is no evidence to show that orders have been placed by the petitioners for such goods. Without any such orders being placed, the question of supply of goods does not arise at all. Hence, the learned counsel submitted that the entire private complaint is an abuse of process of law and his further contention is that there is no allegation in the complaint to attract the offen

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