Madras High Court
J.Nowshath vs State Represented By on 1 February, 2024
Author: R.Hemalatha
Bench: R.Hemalatha
Crl.O.P.(MD) No.9712 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.02.2024
CORAM
THE HON'BLE MRS.JUSTICE R.HEMALATHA
Crl.O.P.(MD) No.9712 of 2021
and
Crl.M.P.(MD) Nos.4958 & 4960 of 2021
J.Nowshath ... Petitioner
Vs.
1.State represented by
The Inspector of Police,
District Crime Branch,
Karur District.
In Crime No.16 of 2020
2.Kumar ... Respondents
Prayer: Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure, 1973, to call for the records pertaining to the Charge
Sheet filed by the police for the alleged offences under Sections 294(b),
406 (3 counts), 420 (3 counts) & 506(i) of IPC, in C.C.No.202 of 2020,
on the file of the Judicial Magistrate No.I, Karur and quash the same as
illegal as against the petitioner.
For Petitioner : Mr.M.Maran
For R1 : Mr.R.M.Anbunithi
Additional Public Prosecutor
_____________
https://www.mhc.tn.gov.in/judis
Page No. 1 of 6
Crl.O.P.(MD) No.9712 of 2021
For R2 : No appearance
ORDER
Seeking to quash C.C.No.202 of 2020 on the file of the Judicial Magistrate No.I, Karur, the present Criminal Original Petition is filed.
2. The case of the prosecution is that the petitioner/accused received a sum of Rs.10,70,000/- from the second respondent/de facto complainant and two others stating that he would double the money by purchasing Bitcoin (Cryptocurrency) and also investing in share market. Believing the words of the present petitioner/accused, the second respondent/de facto complainant and two others handed over a sum of Rs.10,70,000/- to the petitioner/accused. Since the said amount was not re-paid by the present petitioner/accused as promised by him, the second respondent/de facto complainant lodged a complaint with the Inspector of Police, District Crime Branch, Karur which came to be registered as F.I.R. in Crime No.16/2020 on 29.01.2020. The police after completing investigation laid a final report before the Judicial Magistrate Court No.I, Karur in C.C.No.202 of 2020 against the present petitioner/accused for the offences punishable under Sections 294(b), 406, 420 & 506(1) of IPC. _____________ https://www.mhc.tn.gov.in/judis Page No. 2 of 6 Crl.O.P.(MD) No.9712 of 2021
3. Mr.M.Maran, learned counsel for the petitioner would contend that the petitioner/accused is a photographer by profession and he borrowed a sum of Rs.3,00,000/- from the second respondent/de facto complainant and also issued a cheque in his favour. According to him, the second respondent/de facto complainant misused the said cheque and also demanded higher rate of interest for the amount lent by him. According to him, the case of the prosecution is false and prayed for quashing the final report.
4. Mr.R.M.Anbunithi, learned Additional Public Prosecutor for the first respondent, on instructions, would contend that the police after conducting investigation laid the final report and that out of 12 witnesses on the side of the prosecution, 3 witnesses have already been examined and the case now stands posted for examination of other witnesses. His contention is that there is no good ground to quash the final report.
5. A perusal of the final report shows that the petitioner/accused had obtained a sum of Rs.10,70,000/- from P.W.1 to P.W.3 and promised them that the said amount would be doubled by purchasing Bitcoin and investing in share market. Three witnesses have already been examined _____________ https://www.mhc.tn.gov.in/judis Page No. 3 of 6 Crl.O.P.(MD) No.9712 of 2021 by the prosecution before the Judicial Magistrate No.I, Karur. It is not the case of the petitioner/accused that witnesses so far examined have not supported the case of the prosecution.
6. The contention of the petitioner/accused that he borrowed a sum of Rs.3,00,000/- from the second respondent/de facto complainant and the second respondent/de facto complainant demanded a higher rate of interest cannot be accepted as this Court cannot, without sufficient materials, presume certain facts.
7. In the circumstances, I do not see any reason to quash the C.C. Thus, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petitions are closed.
01.02.2024 Index: Yes/ No Neutral Citation: Yes / No Speaking Order / Non-Speaking Order JEN _____________ https://www.mhc.tn.gov.in/judis Page No. 4 of 6 Crl.O.P.(MD) No.9712 of 2021 To
1.The Judicial Magistrate No.I, Karur.
2.The Inspector of Police, District Crime Branch, Karur District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
_____________ https://www.mhc.tn.gov.in/judis Page No. 5 of 6 Crl.O.P.(MD) No.9712 of 2021 R.HEMALATHA, J.
JEN Crl.O.P.(MD) No.9712 of 2021 and Crl.M.P.(MD) Nos.4958 & 4960 of 2021 01.02.2024 _____________ https://www.mhc.tn.gov.in/judis Page No. 6 of 6