BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.03.2024 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.14575 of 2022 and Crl.M.P.(MD)No.9420 of 2022 Jayan ... Petitioner/Sole Accused Vs.

1.State Rep. by The Inspector of Police, Bazaar Police Station, Virudhunagar District.

Crime No.95 of 2021

2.Suresh Babu ... Respondents PRAYER:- Petition filed under Section 482 of Cr.P.C., to call for the records relating to the proceedings of the First Information Report in Crime No.95 of 2021 on the file of the first respondent police and quash the same against the petitioner herein.

For Petitioner : Mr.K.Seenu Ramachandran For R1 : Mr.B.Nambiselvan Additional Public Prosecutor For R2 : Mr.M.Jothi Basu

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.95 of 2021 on the file of the first respondent herein as against the petitioner.

2.The learned counsel for the petitioner would submit that it is a case of provisional goods transaction between the petitioner and the defacto complainant and whatever the provisions sent by the defacto complainant, the money was paid to him. However, for non-sending the provisions, he claimed the money and filed a complaint before the first respondent police, which is not sustainable one. Thereby, this Court may permit the petitioner to produce all invoices and delivery receipts before the first respondent police, to disprove the defacto complainant's case and if such case is disproved, the first respondent police may pass appropriate orders.

3.The learned Additional Public Prosecutor would submit that the enquiry will be completed in the manner known to law after providing opportunity to the petitioner to disprove the defacto complainant's case. If it is disproved, appropriate orders will be passed.

4.In view of the above, the petitioner is directed to produce all invoices and delivery receipts before the first respondent police to disprove the defacto complainant's case. On receipt of the same, the first respondent police is directed to conduct enquiry after providing opportunity to the petitioner to disprove the defacto complainant's case. If such case is disproved, the first respondent police shall pass appropriate orders in the manner known to law.

5.With the above directions, this Criminal Original Petition is dismissed.

Consequently, connected miscellaneous petition is closed.

Index : Yes/No 04.03.2024 Internet : Yes/No NCC : Yes/No Sji To

1. The Inspector of Police, Bazaar Police Station, Virudhunagar District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

M.DHANDAPANI, J.

Sji

04.03.2024