Criminal proceedings initiated solely to retaliate against civil debt recovery actions, lacking the necessary legal ingredients to establish offenses like obscenity or criminal intimidation, constitute an abuse of judicial process and must be quashed to preserve the interests of justice.

ORDER :

G.K. Ilanthiraiyan, J.

This petition has been filed to quash the proceedings in C.C.No.193 of 2022 on the file of the learned Sessions Judge, Additional Mahila Court, Salem, thereby taken cognizance for the offences punishable under Sections 294(b), 354, 341, 506(i)of IPC, Section 4 of the TAMIL NADU PROHIBITION OF HARASSMENT OF WOMEN ACT , 2002, as against the petitioner.

2. The petitioner is the sole accused in this case. The case of the prosecution is that the second respondent borrowed a sum of Rs.3,00,000/- at the rate of 5% per month from the petitioner and also gave 12 cheques and blank papers signed by her, her husband and her sister as security for the loan amount. Thereafter, the second respondent repaid a sum of Rs.2,00,000/- and she could not repay the balance amount. Therefore, on 29.11.2019, the petitioner called her over phone and demanded to repay the same for which, the second respondent expressed that she was unable to repay the same immediately. On the same day viz., on 29.11.2019 at 6.50 p.m., when the second respondent went to the petitioner’s house, the petitioner misbehaved with her and also demanded to have sex with him failing which, to repay the entire money. Again on 26.12.2019 at 8.00 am., the petitioner intercepted the second respondent in road and also threatened her with dire consequences. Hence, the second respondent lodged complaint on 26.12.2019 and on receipt of the same, the first respondent registered the FIR in Crime No.447 of 2019. After completion of investigation, they filed final report and the same has been taken cognizance by the Trial Court in S.C.No. 193 of 2022 for the offences punishable under Sections 294(b), 354, 341, 506(i) of IPC, Section 4 of the TAMIL NADU PROHIBITION OF HARASSMENT OF WOMEN ACT , 2002, as against the petitioner. To quash the said proceedings, the petitioner filed the present petition.

3. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

4. On perusal of the records and on the submissions made by the learned counsel appearing on either side, it is revealed that the second respondent borrowed a huge amount from the petitioner to the tune of Rs.3,00,000/- on 25.05.2019 on execution of pronote. In order to discharge the said liability, she issued cheque for a sum of Rs.3,45,000/- including interest. It was presented for collection but it was returned dishonour for the reason “fund insufficient”. Therefore, the petitioner initiated proceedings under Section 138 of the Negotiable Instruments Act, (hereinafter referred to as “the NI Act”) in S.T.C.No.3049 of 2020 on the file of the learned Judicial Magistrate No.IV, Salem and it is pending. Further, the second respondent’s husband also borrowed a sum of Rs.3,00,000/- from the petitioner for which, he issued a cheque. When it was presented for the collection, the same was dishonoured for which, the second respondent’s husband is also facing prosecution in S.T.C.No.3050 of 2020 for the offence punishable under Section 138 of the NI Act, on the file of the learned Judicial Magistrate No.IV, Salem, and it is pending. Likewise, the second respondent’s sister also borrowed a sum of Rs.2,50,000/-. In order to repay the said amount along with interest, she issued a cheque for a sum of Rs.2,81,250/- and the same was presented for collection. It was returned dishonoured as such, she is also facing proceeding under Section 138 of the NI Act in S.T.C.No.5537 of 2021 on the fi