RAJAN Vs. STATE

JUDGEMENT

(1.) .The Petitioner is the sole accused and he has come forward with this petition seeking for the relief of quashing the proceedings pending in C.C.No.82 of 2004 on the file of the learned Judicial Magistrate No.1, Tiruppur.

(2.) THE learned senior counsel for the petitioner submits that the petitioner has been implicated for the alleged offence under Sections 420 and 506(i) I.P.C. It is further submitted by the learned senior counsel for the petitioner that even if the entire allegations contained in the complaint and other materials available on record taken in its face value, no offence is made out under Sections 420 and 506(1) I.P.C. THE learned senior counsel for the petitioner would submit that the entire case is purely of civil nature and even if the allegations contained in the F.I.R. and other materials available on record, there was no criminal transaction between the petitioner and the defacto complainant.

(3.) HEARD the learned Additional Public Prosecutor. It is submitted by the learned Additional Public Prosecutor that the materials available on record discloses that there was a commercial transaction between the parties viz., the petitioner and the defacto complainant and the main allegation is that the petitioner owes an amount of Rs.10,23,086/- to the defacto complainant during the course of the commercial transaction. Learned Additional Public Prosecutor would further submit that there is an allegation of criminal intimidation in the F.I.R. and the same was alleged during the examination of witnesses recorded under Section 161 Cr.P.C.