Madras High Court
Keshavji Meghaji Gosrani vs The State Represented By on 22 March, 2022
CRL OP(MD). No.4608 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.4608 of 2020
and CRL.M.P.(MD)No.2621 of 2020
Keshavji Meghaji Gosrani ... Petitioner
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 records relating to the impugned F.I.R registered in
Crime No. 15 of 2019 dated 07/12/2019 on the file of the 1st respondent
and quash the same insofar as petitioner/Accused No.3 is concerned.
For Petitioners : Mr.N.G.Ashok Kumar
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.4608 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 petitioner is arrayed as A3. 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 petitioner is manufacturing and supplying milk and
milk related products for more than 40 years and they are supplying
machineries to various companies. While being so, the second
respondent purchased machineries on 17.10.2015, warranty period was
one year for the machineries supplied by the petitioner. 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 petitioner’s company gave quotation on 06.05.2019
for a sum of Rs.1,25,000/- (Rupees One Lakh Twenty Five Thousand),
https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.4608 of 2020
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
petitioner 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
impugned FIR in Crime No.15 of 2019, is hereby quashed.
https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.4608 of 2020
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.4608 of 2020
G.K.ILANTHIRAIYAN,J.
PNM
ORDER
IN
CRL OP(MD) No.4608 of 2020
and CRL.M.P.(MD)No.2621 of 2020
Date : 22/03/2022
https://www.mhc.tn.gov.in/judis
