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G. CHANDRASEKHARAN
M. Singamuthu – Appellant
Versus
A. Gurusamy – Respondent
JUDGMENT
(Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records and to quash the complaint in M.P.No.1853 of 2008 on the file of the Metropolitan Magistrate No.23, Saidapet.)
1. This petition is filed to call for the records and quash the complaint in M.P.No.1853 of 2008 on the file of XXIII Metropolitan Magistrate, Saidapet, Chennai.
2. The respondent filed a private complaint against the petitioners under Section 200 Cr.P.C., for the offences under Sections 403, 406, 420, 423, 506 r/w 34 and 109 IPC. Petitioners are the accused 1 to 3 in the complaint.
3. The allegations made against the petitioners, in brief are that:
3(i). Respondent/complainant borrowed a sum of Rs.3.25 lakhs from the first accused/first petitioner on various occasions. In 1994, the divorced wife of the respondent created some domestic problems. First accused demanded repayment of money on 25.05.1995, respondent executed an agreement to sell the property viz., plot No.AP 214, 9th Street, K.K.Nagar, Chennai, for Rs.4.75 lakhs. The loan of Rs.3.25 lakhs was treated as advance. First accused undertook to discharge the mortgage loan to Tamilnadu Hou
The pendency of a civil suit does not bar the initiation of a criminal complaint. When a complaint has been dismissed by the Magistrate, the accused has the right to be heard before the revisional co....
The main legal point established is that the documents furnished by the petitioner, including the decree from the civil court, were of sterling quality and played a crucial role in quashing the charg....
Criminal intent in property transactions leads to proceedings under IPC, regardless of parallel civil suits.
Criminal liability can arise from civil disputes; allegations of fraud and conspiracy must be examined despite ongoing civil litigation.
(1) A bonafide criminal case cannot be stifled at threshold by High Court.(2) In order to examine as to whether factual contents of FIR disclose any cognizable offence or not, High Court cannot act l....
The court can exercise its inherent jurisdiction under Sec. 482 Cr.P.C to quash criminal proceedings if they amount to an abuse of the process of the court or if quashing the proceedings would serve ....
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