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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR, J
V.Muruganantham – Appellant
Versus
The State rep.by The Inspector of Police Keeramangalam Police Station – Respondent
| Table of Content |
|---|
| 1. facts of the case regarding loan and fir. (Para 2 , 8) |
| 2. appellant's arguments on the nature of offences. (Para 3 , 4 , 5) |
| 3. court's observation on civil claims vs. criminal proceedings. (Para 10) |
| 4. clarification on lack of criminal offense establishment. (Para 12 , 13 , 14) |
| 5. final ruling on quashing of fir. (Para 15 , 16) |
O R D E R
The present petition has been filed by the sole accused in Crime No.93 of 2023 on the file of the first respondent police seeking to quash the F.I.R wherein the petitioner is alleged to have committed offences under Sections
406, 420 and 507 of I.P.C.
2.A perusal of the F.I.R reveals that the accused person is said to have borrowed a sum of Rs.60,00,000/- from the defacto complainant in the year 2017 in two instalments for doing business. Though on several occasions, demand was made by the defacto complainant, he had not acceded to his request. On 07.12.2022 at about 9.00 a.m, the accused is said to have contacted the defacto complainant over phone and threatened him with dire consequences.
3.According to the learned Senior Counsel appearing for the petitioner, a bare perusal of the F.I.R indicates that the complaint has been filed with
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