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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN
Elangovan – Appellant
Versus
State Rep. by the Inspector of Police, Anna Nagar Police Station – Respondent
| Table of Content |
|---|
| 1. overview of case and lease agreement details. (Para 1 , 3 , 4) |
| 2. elements required to establish section 420 ipc. (Para 5 , 6) |
| 3. civil liability cannot convert to criminal liability. (Para 7 , 8) |
| 4. criminal proceedings quashed for lack of merit. (Para 9) |
ORDER :
1. This Criminal Original Petition has been filed seeking to quash the proceedings in C.C.No.4581 of 2023 pending on the file of the Metropolitan Magistrate Court No.V, Egmore, Chennai.
2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the first respondent. Perused the materials available on record.
3. The case of the prosecution is that the second respondent, who is the Director of M/s. ISCISTECH Business Solutions Pvt Ltd., entered into a lease agreement on 20.11.2018 with one Sharadhamani Kandappan for a commercial premises located at Anna Nagar East, Chennai, on a monthly rent of Rs.1,25,000/- and paid a sum of Rs.12,50,000/- as security deposit. The second respondent vacated the premises, after issuing three months prior notice, on 19.07.2019. Subsequently, the said Sharadhamani died on 11.10.2019. Thereafter, the petitioner undertook to
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