The main legal point established is that the police should not act as a collection/recovery agent for commercial transactions, and that the criminal prosecution should not be used as an instrument of harassment or for seeking private vendetta.

JUDGMENT :

(Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the entire records and quash the proceedings in FIR No.70 of 2015 pending before the 1st respondent, on the file of the Inspector of Police, CCB, EDF-I, Team-II, Vepery, Chennai-7 with respect to accused.)

1. The petitioner/accused in Crime No.70 of 2015, pending on the file of the 1st respondent Police, for offence under Sections 406, 420, 506(i) and 120(b) IPC, has filed the quash petition.

2. The 2nd respondent/defacto complainant viz., V.G.B.Sivaram Prasad lodged a complaint with the 1st respondent that he is a business man, doing business in the name of M/s.Sri Vijayalakshmi Ice Factory at No.7/50, South West Boagh, T.Nagar, Chennai and having residence in the same place. During March 2007, the petitioner represented through his common friend V.Radha Narasimha Rao that the petitioner is doing finance business at D5, Vaisalai Apartment, No.17, Dr.Nair Road, T.Nagar, Chennai for many years and he is in need of money of Rs.75 lakhs for his business and promised that it would be returned back within 5 months. Believing the words till October 2007, the 2nd respondent paid a sum of Rs.55 lakhs to the petitioner by way of cash and cheque. On receipt of the same, the petitioner assured that he will give back the money within five months and also represented that he was having many properties at T.Nagar, Porur, OMR-Poonjeri Village, Vaisahvakkan, Hyderabad. During March 2008, the 2nd respondent approached the petitioner and asked for return of his money Rs.55 lakhs, the petitioner promised to repay the amount within short time, but he did not do so.

3. Further, the petitioner made request for money of Rs.45 lakhs and promised that both earlier borrowings and the money received now would be repaid within six months. Believing the words, the 2nd respondent paid another Rs.45 lakhs during February and April 2008. Thereafter, when the 2nd respondent approached the petitioner for return of money, the petitioner evaded the payment and the 2nd respondent regularly visited the office and residence of the petitioner, but whenever he approached, the petitioner was giving one reason or other, dragging and evading repayment of debts.

4. The petitioner informed that one of his properties would be sold and repayment would be made. During October 2014, when the 2nd respondent approached the petitioner in his office along with his friend V.Radha Narasimha Rao and sought return of Rs.1.75 crores the amount due from the petitioner, he refused to return the money and threatened the 2nd respondent with his body guards. Hence, the 2nd respondent gave a complaint to the 1st respondent, against which, the present quash petition.

5. The learned counsel for the petitioner submitted that the 2nd respondent gave a complaint on 21.02.2015 for the alleged transaction taken place during October 2007. The learned counsel further submitted that for the payment made by the 2nd respondent, the petitioner handed over partly filled blank Demand Promissory Notes, during the period of 2007-2008. The petitioner repaid sums of money, which was not duly credited. The learned counsel submitted that the petitioner instead of invoking civil jurisdiction for recovery of alleged sum, on the other hand with the help of one Mohan, who is working as Section Officer in Prevention and Detection Section, Home Department, Secretariat, Chennai, the 2nd respondent threatened the petitioner on 10.01.2015 along with the said V.Radha Narasimha Rao, who is the friend of the 2nd respondent. On the same day, a letter was sent by the petitioner to the 2nd respondent about the incident. Similar complaint was sent to the Chief Minister's Cell; Director General of Police; the Commissioner of Police; Deputy Commissioner of Police, South Zone, T.Nagar; Assistant Commissioner of Police, T.Nagar, Greater Chennai; Inspector of Police, R1 Mambalam Police Station and Inspector of Police,