BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

Date : 21.11.2025

PRESENT

THE HON'BLE MRS JUSTICE S.SRIMATHY

CRL OP(MD)No.9605 of 2023

and CRL MP(MD).Nos.7718 & 7719 of 2023

G.Kumar ... Petitioner/ Accused

Vs

1. The State of Tamil Nadu

Represented by The Inspector of Police,

CCB Police Station,

Thiruchirappalli District.

(Crime No.16 of 2020)

2. Karthikeyan ... Respondents/Complainants

For Petitioner : Mr.KPS. Palanivel Rajan

Senior counsel

For Mr. K.C.Maniyarasu

For R1 : Mr.A.S.Abul Kalaam Azad

Government Advocate (Crl.Side) For R2 : No appearance

PRAYER :- This Criminal Original Petition has been filed under Section 482 of Cr.P.C., to call for the records pertaining to the charge sheet in

C.C.No.1143 of 2022 on the file of the Judicial Magistrate-1, Thiruchirappalli for offences charged under Sections 406 and 420 of IPC and quash the same as illegal as against the petitioner alone.

ORDER: The Court made the following order:-

This Criminal Original Petition has been filed to call for the records in C.C.No.1143 of 2022 on the file of the learned Judicial Magistrate -1, Thiruchirappalli and the quash the same.

2. The prosecution case is that the petitioner was engaged in the business of selling used cars, approached the defacto complainant and induced him to invest money in the petitioner’s company. Relying on the representations made by the petitioner, the defacto complainant obtained loans from various money lenders and invested the same. However, the petitioner failed to furnish proper accounts to the defacto complainant. Upon jointly auditing the company accounts, it was revealed that the petitioner had cheated the defacto complainant. Subsequently when the defacto complainant demanded repayment, the petitioner promised to return the money in January 2019, but failed to do so. Thereafter, the defacto complainant took possession of three vehicles from the custody of the petitioner. With the intervention of the President of the Car Association, the matter was mediated, and the petitioner was directed to repay a sum of Rs.26,50,000/- to the defacto complainant. In the meantime, the petitioner executed a promissory note in favour of the defacto complainant, undertaking to repay the amount within two months. Even after the expiry of the stipulated period, the petitioner failed to repay the amount. Consequently, the defacto complainant lodged a complaint before the Commissioner on 15.07.2019. Pursuant to a summons dated 11.12.2020, both parties appeared before the first respondent police on 14.12.2020. As no action was taken thereafter, the defacto complainant filed a petition under Sections 200 and 156(3) of the Code of Criminal Procedure before the Judicial Magistrate II, Tiruchirappalli. Based on the direction of the learned Magistrate, the first respondent police registered FIR No.16 of 2020. Upon completion of the investigation, a final report was filed before the Judicial Magistrate-I, Tiruchirappalli, and the case was taken on file as C.C. No.1143 of 2022.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution. It was further submitted that the defacto complainant had stolen three vehicles from the custody of the petitioner. The petitioner had already filed a suit in O.S. No. 540 of 2019 against the defacto complainant before the Principal District Munsif Court, Tiruchirappalli, but the defacto complainant failed to appear before the Trial Court. In the meantime, the present case was registered belatedly.

Hence, prayed to allow the quash petition.

4. The learned Government Advocate (Crl.Side) submitted that the investigation has been completed and the charge sheet has also been filed in C.C.No.1143 of 2022 on the file of the Judicial Magistrate I, Thiruchirappalli. He further submitted that the witnesses were examined.

5. The primary contention of the petitioner is that the defacto complainant had not filed any affidavit wh