ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to call for the records pertaining to the case in C.C.No. 365 of 2015, pending on the file of the Court of Judicial Magistrate, Uthamapalayam, Theni District and quash the same.

2. The petitioner is the sole accused in C.C.No.365 of 2015, on the file of the Judicial Magistrate Court, Uthamapalayam, Theni District. On the basis of the complaint lodged by the third respondent, F.I.R. came to be registered in Cr.No.430 of 2014, dated 12.08.2014 against five persons including the petitioner for the alleged offence under Section 420 I.P.C. The first respondent, after completing the investigation, has laid the final report under Section 173 Cr.P.C., dated 05.10.2015. against the petitioner for the alleged offence under Section 420 I.P.C., and the case was taken on file in C.C.No.365 of 2015 and the same is pending on the file of the Judicial Magistrate Court, Uthamapalayam.

3. The case of the prosecution is that the third respondent, after divorcing her husband, was living with her parents and was doing textile business, that one Jeyapriya, Inspector of Police, was a close friend of the third respondent, that the parents of the said Jeyapriya and her brother were the family friends of the third respondent, that the said Jeyapriya had informed the third respondent that her brother Sudhakaran and his wife Karthigairani were in need of money to develop their business and if the amount is paid through the third respondent, she will be in a position to get back that amount, that the third respondent had then enquired about the money needs of Jeyapriya's brother Sudhakaran with his wife Karthigairani, that since they had requested for a loan of Rs.10,00,000/- on 06.11.2011, she had paid the said amount to Jeyapriya, who in turn handed over to her brother and his wife, that the said Jeyapriya had handed over the signed promissory notes and cheques of her brother to the third respondent, that though the said Sudhakaran got amount of Rs.54,00,000/-, he informed that he wanted to utilise the said amount for his business purposes and requested six months' time for repayment, that the said Sudhakaran had also agreed to pay interest at Rs.2/- for Rs.100/- per month and Sudhakaran and others had paid interest for ten months, that subsequently, the petitioner treated a sum of Rs.4,85,000/- payable to the defacto complainant towards chit amount as loan and agreed to pay the same with interest, that the mother of Jeyapriya had also taken a loan of Rs.4,00,000/- for completing their constructions on 15.04.2013, that the said Sudhakaran's wife Karthigairani had also taken a loan of Rs.2,00,000/- to meet her urgent expenses, that thereafter the said Sudhakaran, for purchasing grinder, had taken a loan of Rs.2,00,000/- and the same was paid through ICICI bank account, that when the third respondent had demanded Jeyapriya and others to return her amount, they had informed that they would sell their land situated at Chinnamanur Kannamma Garden and settle her amount, that though they had sold the land, they have not paid any amount, that Jeyapriya and others had approached the third respondent and requested further time for repayment, that since the third respondent had not settled the jewel loan, her 65 sovereigns of gold jewels were sold in auction and that the said Jeyapriya, her brother and other family members had cheated the third respondent and refused to pay the amount. Hence, the complaint.

4. As rightly pointed out, in the charge sheet it has been stated that the petitioner/accused had taken total loan amount of Rs.16,85,000/- from the third respondent by issuing unfilled, but signed cheques, promissory notes and stamp papers and that the petitioner, without paying the said amount, had cheated the third respondent. It is evident from the records that the Investigating Officer has examined 13 independent witnesses apart from the third respondent/defacto