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