IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J
S.Sarath Kumar – Appellant
Versus
The Inspector of Police, R-4 Soundarapandiyanar Angadi Police Station, Chennai. – Respondent
| Table of Content |
|---|
| 1. loan transaction specifics and alleged breach. (Para 3 , 4) |
| 2. examination of ingredients for ipc offences. (Para 5 , 6 , 7 , 8 , 9) |
| 3. quashing of fir as abuse of process. (Para 10) |
O R D E R
This petition has been filed to quash the FIR registered in Cr.No.112 of 2023 on the file of the first respondent.
2. Though notice was served on the second respondent and her name is also printed in the cause-list, no one appeared before this Court either in person or through counsel.
3. The case of the defacto complainant is that the petitioner borrowed a sum of Rs.25,00,000/- on various dates and he had repaid a sum of Rs.8,25,000/- and there is balance to the tune of Rs.16,75,000/-. Hence, the complaint.
4. A perusal of an FIR revealed that admittedly the petitioner has borrowed a loan to the tune of Rs.25,00,000/- on various dates from the defacto complainant. Thereafter, he has paid the partial amount of Rs.8,25,000/- and failed to repay the balance amount to the tune of Rs.16,75,000/-. It is purely a loan transaction and no offence is made out under Sections 406 and 420 of IPC . In so far as the offence under Section 506(i) of , FIR cannot be sustained and the FIR itself i
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