K DHARMARAJ Vs. STATE

JUDGEMENT

(1.) THE petitioner/Accused has filed the above Criminal Original Petition to call for the records in Crime No. 409 of 2007 on the file of the Inspector of Police, Dharapuram Police Station, Dharapuram, Erode District and quash the same.

(2.) THE First Information Report reveals that as per this Honourable Court's direction in Criminal Original Petition No. 16703 of 2007, the respondent Police registered a Criminal Case in Crime No,409 of 2007 dated 26.02.2007 on an alleged offence under Sections 420, 406, 294(b) and 506(ii) of IPC against the petitioner herein. THE defacto complainant, one P.Deivasignamani, narrated in his complaint that the petitioner/accused approached the Defacto complainant to start a groundnut business with an investment of Rs.35 Lakhs from each of them. Accordingly, the defacto complainant arranged Rs.35 lakhs through his relatives and friends. THE said amount was paid on 01.06.2003 to the accused person. As per the terms and conditions of business, the accused person should look after the business and at the year end, the profit will be divided equally amongst them. After the completion of one year, the defacto complainant urged the accused person to place the accounts, but the accused person wantonly delayed to submit the accounts relating to the said transactions. THE same was informed to one Murugasamy Gounder, a common friend of them. THE common friend arbitrated and in the said arbitration, it was decided that the accused person will return the money to the defacto complainant within three months. THEreafter, the defacto complainant had continuously approached the accused person, but the accused person and his supporters threatened the defacto complainant. THE defacto complainant lodged a complaint with the respondent police. THE respondent police did not take any action on the said complaint. Hence, the defacto complainant approached this Honourable Court and got direction to the respondent police. As per this Honourable Court order, the respondent registered a case against the accused person/petitioner herein.

(3.) THEREFORE the Criminal Original Petition No,24826 of 2007 is dismissed. The connected Miscellaneous Petition is closed.