PRAYER:

Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records relating to the impugned charge sheet in CC.No.2435 of 2022 on the file of the Judicial Magistrate No.VII, Coimbatore and to quash the same.

ORDER

This criminal original petition has been filed to quash the proceedings in CC.No.2435 of 2022 on the file of the Judicial Magistrate No.VII, Coimbatore.

2. The case of the prosecution is that the 2nd respondent lodged a complaint dated 10.11.2020 and the 1st Respondent Police registered a criminal case against the petitioner in Crime No.39 of 2020 for the offences under Sections 406, 420 and 506(i) IPC on the allegation that the de-facto complainant entered into an unregistered agreement for sale during the month of December, 2019 and the sale consideration was fixed at Rs.65 lakhs and a sum of Rs.42 lakhs was handed over to the petitioner as advance. When the de-facto complainant asked for a copy of the parent documents, the petitioner told the de-facto complainant that the property has been mortgaged and the documents are with the bank. It was also demanded for payment of Rs.42 lakhs as advance immediately in order to cancel the Deposit of Title Deeds with the bank. Hence the de-facto complainant paid advance amount of Rs.42 lakhs. Thereafter the petitioner handed over the parent documents. However, when the de-facto complainant gave the documents for legal opinion to her advocate, legal heir certificate and other documents were asked. Even then, the petitioner dragged the matter. When the defacto complainant requested for refund of the advance amount, she was threatened with dire consequences. On filing charge sheet, the same has been taken cognizance by the trial court. Aggrieved over the charge sheet, the present criminal original petition has been filed.

3. The learned Counsel appearing for the petitioner would submit that the petitioner is innocent and she has not committed any offence as alleged by the prosecution. He further submitted that the dispute between the parties is entirely civil in nature. However, without any base, the first respondent police registered the criminal case against the petitioner and filed charge sheet before the trial court. Hence, the learned counsel prayed to quash the impugned charge sheet.

4. Heard the learned Counsel appearing on either side and perused the materials placed on record.

5. Though the learned counsel for the petitioner contended that the dispute between the petitioner and the second respondent is civil in nature, the Hon'ble Supreme Court of India in the judgment reported in 2019 (4) SCC 351 in the case of Devendra Prasad Singh Vs. State of Bihar & Anr., (Crl.A.No.579 of 2019 dated 02.04.2019) while dealing with the petition to quash the entire criminal proceedings held that the High Courts have no jurisdiction to appreciate the statement of the witnesses and record a finding that there were inconsistencies in their statements and therefore, there was no prima facie case made out as against the accused. It could be done only by the trial Court while deciding the issues on the merits or/and by the Appellate Court while deciding the appeal arising out of the final order that the charge sheet has been laid on the basis of the inconsistency statement under Section 161 of Cr.P.C.

6. Further, the Hon'ble Supreme Court of India in the judgment reported in 2019 (10) SCC 686 in the case of Central Bureau of Investigation Vs. Arvind Khanna, (Crl.A.No.1572 of 2019 dated 17.10.2019) held that the High Courts cannot record the findings on the disputed facts. The defence of the accused is to be tested after appreciation of evidence by the trial Court during the trial. Therfore, this Court has no power to consider the disputed facts under Section 482 of Cr.P.C.

7. The Hon'ble Supreme Court of India in another judgment dated 02.12.2019 passed in Crl.A.No.1817 of 2019 in the case of M.Jayanthi Vs. K.R.Meenakshi & anr, held that while considering the pe