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2013 Supreme(Mad) 3707

R.SUBBIAH
Sridhar – Appellant
Versus
State rep. By Special Sub-Inspector of Police, Tiruppur District – Respondent


Advocates Appeared:
For the Petitioner:P. Venkatasubramanian, Advocate.
For the Respondents:R1, C. Emalias, APP, R2, N. Manokaran, Advocate.

Judgment :

This petition has been filed seeking to call for the records in Crime No.602 of 2011 on the file of the 1st respondent-police and to quash the same.

2. The petitioner herein is the accused in the case in Crime No.602 of 2011 registered by the 1st respondent-Police for the alleged offence under Section 420 IPC. The complaint was lodged by the 2nd respondent herein/defacto-complainant as against the petitioner herein alleging that the petitioner herein had cheated him by grabbing the property worth about Rs.70 lakhs.

3. The averments in the complaint given by the 2nd respondent/defacto-complainant are as follows:-

3(a). The 2nd respondent herein / defacto-complainant is running a company involved in manufacturing baniyans. The defacto-complainant used to borrow loan very often from the petitioner herein for his urgent business needs. On 20.02.2009 the defactocomplainant borrowed a sum of Rs.1,25,000/-as loan from the petitioner herein. The petitioner herein, after adjusting a sum of Rs.2,000/-towards interest, advanced a sum of Rs.1,23,000/- as loan to the defacto-complainant. Further, as security for the said loan amount, the 2nd respondent/defacto complainant has handed o


















































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