K.SAMUEL JEBAKUMAR Vs. N.RADHAKRISHNAN

JUDGEMENT

(1.) The present revision is filed against the order passed by the learned Judicial Magistrate No.3, Tuticorin in Crl.M.P.No.29 of 2018 dated 14.05.2019 dismissing the protest petition filed by the petitioner herein.

(2.) The case of the prosecution is that the defacto complainant entered into business transaction with the first respondent in regard to export of match boxes outside India. In the course of the business deal, certain consignments were handed over to the petitioner by the first respondent to be exported to African countries. According to the petitioner, the first respondent had introduced a foreign buyer to him and however, the consignment exported to the African country was not taken delivery at the receiving point and the petitioner was not paid due to the export of the consignments by the buyer and therefore, the petitioner suffered business loss. According to the petitioner, his wife was running a proprietor concern in her name and the petitioner being the husband of the proprietor was in-charge of day to day administration of the concern and all the negotiations have been done by the petitioner himself and according to him, the first respondent along with two others have colluded and cheated the petitioner for which a complaint was lodged before the second respondent police to initiate action against the first respondent and others for the offences under Sections 420, 409 and 506(i) IPC. On the basis of the complaint, First Information Report was registered in Crime No. 29 of 2019. The second respondent police appears to have investigated and after investigation, it was referred to as 'mistake of fact' by the respondent police and the closure report was filed on 14.01.2019.

(3.) Thereafter, the petitioner filed the protest petition before the learned Judicial Magistrate No.III, Tuticorin and the learned Judicial Magistrate, after adverting to the materials that were placed for consideration before the Investigating Agency and after going through the report, has dismissed the petition on 14.05.2019. As against which, the present revision petition has been filed by the petitioner herein.