1. This petition is filed to quash the proceedings pending against the petitioner in C.C.No.366 of 2009 on the file of the learned Judicial Magistrate No.1, Coimbatore.

2. The first respondent had filed a final report as against the petitioner in C.C.No.366 of 2009 for the offence punishable under Section 420 IPC. Perusal of the final report shows that the petitioner / accused had executed two agreements on 09.03.2009, for sale of her properties and received a sum of Rs.60,00,000/-. But, later, the petitioner / accused convinced the respondent / defacto complainant that she could not execute the sale deeds and agreed to return the money and in that basis, cancelled the sale deeds by issuing two Cheques for a sum of Rs.27,00,000/-, each. The Cheques, when presented for collection, were returned on 'stop payment' instructions given by the petitioner / accused. Even as per the Bank statement, the petitioner / accused was not having sufficient balance amount. Hence, the petitioner / accused cheated the respondent / defacto complainant to the tune of Rs.54,00,000/- and thus, the petitioner / accused committed the offence punishable under Section 420 IPC.

3. The case was originally filed before the learned Judicial Magistrate No.1, Coimbatore under Section 200 Cr.P.C., as a private complaint in C.M.P.No.3183 of 2009 and the learned Magistrate referred the case for investigation under Section 156(3) Cr.P.C., and accordingly, a case was registered in Crime No.794 of 2009, for the offence punishable under Section 420 IPC.

4. The case of the petitioner is that on 06.01.2009, she borrowed a loan from the defacto complainant for her real estate business, for which, the complainant obtained three filled Cheques and four blank Cheques as security. Again, on 06.02.2009, when the petitioner approached the complainant for further loan, the complainant insisted for sale agreement of her property and a further loan was obtained by executing two sale agreements. According to the petitioner, she had repaid the loan amounts and therefore, the said two sale agreements executed for the security towards the loan transaction were cancelled by way of a registered cancellation deed dated 16.03.2009. But, on 10.04.2009, the defacto complainant filed a suit for permanent injunction as against the petitioner before the District Munsif Court, Coimbatore, in O.S.No.757 of 2009 for a permanent injunction restraining the petitioner from alienating or encumbering the suit property. Another suit was also filed by the complainant as against the petitioner before the District Munsif Court, Coimbatore, in O.S.No.2244 of 2009 with regard to another property of the petitioner. In the meantime, the petitioner had also lodged a complaint as against the defacto complainant before the police and the same was registered in Crime No.2384 of 2009 for the offence punishable under Sections 120(b), 420, 467, 471 and 506(2) IPC. Yet another suit was filed by one Goutham Chand Bohra, who is the son-in-law of the defacto complainant, against the petitioner and thirty others, for specific performance of the sale agreements, in O.S.No.762 of 2009, on the file of the I Additional District Court, Coimbatore. After venturing into the civil litigations, the defacto complainant could not get some favourable orders and had instituted this criminal complaint by way of a private complaint in the month of August, 2009. Therefore, the learned Counsel for the petitioner prayed for allowing the present application.

5. The learned Government Advocate appearing for the first respondent Police would submit that the petitioner had induced the complainant to purchase her property and received a sum of Rs.60,00,000/- on various occasions, but, later requested the complainant to cancel the sale agreements with an undertaking to repay the money. Believing the petitioner's words, the complainant cancelled the agreements before the Registrar Office. While cancellation, the petitioner had issued two Ch