K N SADAGOPAN Vs. STATE

JUDGEMENT

(1.) THE petitioner is the accused in C.C.No.4279 of 1980 on the file of the XV Metropolitan Magistrate, George Town, Madras.

(2.) HE caused an advertisement to be published in The Hindu dated 16.6.1978 under ?Business Offers:

(3.) A transaction may give rise to actions, civil and criminal simultaneously or any one of the actions depending upon the facts and circumstances of each case. There may be a transaction in respect of which both actions are legitimately permissible, in the sense of the transaction giving rise to a cause of action for initiation of civil proceedings before a competent civil forum as well as containing necessary ingredients constituting an offence in respect of which criminal prosecutions are to be launched. The possibility of a transaction purely being of a civil nature or purely of criminal nature cannot at all be ruled out of consideration. The question to be decided in this case is as to whether the transaction giving rise to an action having a cause of action only for the initiation of civil proceedings alone or whether it contains materials giving rise to criminal and civil actions simultaneously.