LAWS(MAD)-2017-11-130

A. SIVAMURUGESAN Vs. THE STATE

Decided On November 13, 2017
A. Sivamurugesan Appellant
V/S
THE STATE Respondents

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash C.C. No. 87 of 2010, pending on the file of the Judicial Magistrate No. 2, Virudhunagar.

(2.) The second respondent herein filed a complaint against A1 and A2 before the respondent police on 29.04.2009 stating that one Ravichandran and Rajadurai, who are arrayed as Accused Nos. 1 and 2, were partners in Changanava and Sons and doing partnership business of selling and purchasing Channa Gram (Groundn Nut). When the second respondent came down to Virudhunagar, Ravichandran/A1 introduced himself as he was doing Channa Gram business, for commission basis. Believing his words, the de facto complainant had accepted his request and sent Channa Grams on various dates as per the orders placed by him. The Channa Grams were also received by one Rajadurai/A2. Thereafter, they did not paid the amount to the de facto complainant and thereby, the first respondent registered a case in Crime No. 4 of 2009 for the offences punishable under 2against A1 and A2.

(3.) The learned counsel appearing for the petitioner submitted that after completion of investigation, the respondent police has filed a charge sheet against A1 and five others, arraying the petitioner as A6 alleging that subsequent to the receipt of Channa Gram, A1 and A2 sold the same to A3 to A6 and they were kept the Channa Gram for selling the same to the public. Hence, the petitioner has filed this quash petition before this Court.