This petition challenged an order discharging respondents in a private complaint for cheating. The High Court found no infirmity in the Magistrate's view that the dispute was civil in nature and dismissed the revision.
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Crl.R.C.No.1531 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.12.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
Crl.R.C.No.1531 of 2023
R.Balamurugan
... Petitioner
Vs.
4.P.Rajendran ...Responden ts
PRAYER: Criminal Revision Case filed under Section 438 of the BNSS, praying to set aside the order passed in C.C.No.5 of 2016 by the learned Judicial Magistrate No.II, Mettur, dated 02.08.2023 and pass such further orders.
For Petitioner : Mr.B.Kumarasamy
For Respondents : Mr.P.Ezhil Nilavan
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Crl.R.C.No.1531 of 2023
ORDER
The petition challenges the order passed by the learned Magistrate dismissing the petitioner’s complaint and discharging the respondents in the complaint filed for the offence under Sections 405, 406, 420 r/w 107, 109 of IPC.
Crl.R.C.No.1531 of 2023
respondents. Aggrieved by the said order, the present petition has been filed.
in the complaint clearly make out the offences alleged; that the question as to whether the respondents had created false invoices or committed acts of forgery ought to have been examined only after a full-fledged trial; that the learned Magistrate erred in discharging the respondents by holding that the dispute is civil in nature; and therefore the impugned order is liable to be set aside.
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Crl.R.C.No.1531 of 2023
respondent was working as a General Manager; and that considering all these aspects, the order passed by the learned Magistrate does not suffer from any infirmity and warrants no interference.
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Crl.R.C.No.1531 of 2023
found that the complaint filed by the petitioner is groundless and that there is no sufficient material to proceed further against the respondents. This Court finds no infirmity in the said order.
9. Accordingly, this criminal revision petition stands dismissed.
cda Index : Yes/No Speaking Order/Non Speaking Order
11.12.2025
To
The Judicial Magistrate No.II, Mettur.
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Crl.R.C.No.1531 of 2023
SUNDER MOHAN, J.
cda
Crl.R.C.No.1531 of 2023
11.12.2025
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2 issues framed by the court
Whether the dismissal of a private complaint alleging fraud due to its civil character is liable to be set aside in a criminal revision.
Whether the High Court should interfere with the Magistrate's finding that the dispute is essentially civil in nature.
R.Balamurugan
Power Soap Limited (Corporation)
Dhanapal
Sanjay Madhan
P.Rajendran
SUNDER MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
