Madras High Court
Rajkumar vs The State Represented By on 22 March, 2022
CRL OP(MD). No.4615 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.03.2022
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN
CRL OP(MD). No.4615 of 2020
and CRL.M.P.(MD)No.2628 of 2020
1. Rajkumar
2. Sankaran ... Petitioners
Vs
1. The State represented by
The Inspector of Police,
District Crime Branch,
Thanjavur.
(Crime No.15/2019)
2. V.Vinayagam ... Respondents
PRAYER :- This Criminal Original Petition filed under Section 482
Cr.P.C.to call for the records relating to the impugned F.I.R registered in
Crime No.15/2019, dated 07.12.2019 on the file of the 1st respondent
quash the same in so far as the Petitioners/Accused Nos.1 and 2 are
concerned.
For Petitioners : Mr.M.Saravanan
For Respondent : Mr.B.Thanga Aravindh
R1 Government Advocate (Criminal Side)
: Mr.R.Narayanan for R2
1/5
https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.4615 of 2020
ORDER
This Criminal Original Petition has been filed to quash the FIR in
Cr.No.15 of 2019, on the file of the first respondent.
2.In this case, the petitioners are arrayed as A1 and A2. The
complaint lodged by the second respondent on 17.10.2015. On perusal of
averments in the FIR, did not disclose any commission of offence, as
alleged by the prosecution. The A3 is manufacturing and supplying milk
and milk related products for more than 40 years and they are supplying
machineries to various companies. The petitioners are working as Sales
Managers. While being so, the second respondent purchased
machineries on 17.10.2015, warranty period was one year for the
machineries supplied by A3. On 02.05.2019, the manager of the first
respondent refused to replace 19 worn out plates in the Chiller on free of
cost. Since the warrant period was over and the worn out parts could not
be replaced on free of cost. In fact, for changing that plates, the defacto
complainant sent a quotation for the expenses. Hence, the petitioners'
company gave quotation on 06.05.2019 for a sum of Rs.1,25,000/-
https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.4615 of 2020
(Rupees One Lakh Twenty Five Thousand), excluding tax, supervision
charges, commission of work etc. However, the second respondent had
run machine for 4 years. Thus, the alleged defects pointed out in the
chiller was occurred only due to wear and tear and improper use of
machine, in violation of the condition stipulated by the seller. Therefore,
it is completely business transaction between the petitioners and the
second respondent and no offence is made out as alleged by the
prosecution.
3.In this regard, it is relevant to rely upon the Judgment of
Honourable Supreme Court of India in the case of M/s. Indian Oil
Corporation Vs. NEPC India Limited and others [(2006) 6 SCC 736],
held that the civil liability cannot be converted into criminal liability and
held and as under while on this issue, it is necessary to take notice of a
growing tendency in business circle to convert purely civil dispute in
criminal case.
4.Accordingly, this Criminal Original Petition is allowed and the
https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.4615 of 2020
impugned FIR in Crime No.15 of 2019, is hereby quashed.
Consequently, connected miscellaneous petition is closed.
22.03.2022
Index : Yes / No
Internet : Yes/ No
PNM
Note:
In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for
official purposes, but, ensuring that the copy of the order
that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
TO
1. The State represented by
The Inspector of Police,
District Crime Branch,
Thanjavur.
(Crime No.15/2019)
2. The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.4615 of 2020
G.K.ILANTHIRAIYAN,J.
PNM
ORDER
IN
CRL OP(MD) No.4615 of 2020
and CRL.M.P.(MD)No.2628 of 2020
Date : 22/03/2022
https://www.mhc.tn.gov.in/judis
