J. VEDHASINGH Vs. R.M. GOVINDAN

JUDGEMENT

(1.) Leave granted.

(2.) The instant appeal has been filed assailing the final order dtd. 6/12/2018 passed by the High Court of Madras in CRL.O.P. No. 6750 of 2017, whereby the High Court allowed the criminal petition filed by the respondents no.1 to 4 under Sec. 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C) and quashed proceedings under Ss. 120B, 406, 420 and 34 of the Indian Penal Code, 1860 (for short IPC) being C.C. No. 33 of 2017 pending before Judicial Magistrate Court No. III, Coimbatore.

(3.) The brief facts necessary for the instant appeal are that the appellant herein was working as a Civil Engineer in Saudi Arabia. On his return back to India in the year 2011, he purchased a site from respondent no.2 who is the father of respondent no.1 in Coimbatore. Apart from this, the respondents owned 7 other house sites in total in V.C.K. Layout, Trichy Road, Coimbatore City, which all were mortgaged to Tamil Nadu Industrial Investment Corporation, way back from 12/10/2006. Appellant contended that the respondents approached and asked him to invest money for the development of the land of the said 7 sites and assured that profit shall be divided amongst the appellant and respondents. Pursuant to it a profit-sharing agreement was executed between the parties. The appellant made the investment of a sum of Rs.62,32,754.00, but neither profit was shared nor any piece of land was given to the appellant. Consequently, the appellant asked to repay the amount. Under guise of assurance of re-payment by respondent no.1, the appellant did not lodge any criminal prosecution as per his request. The respondent no.1 handed over a cheque dtd. 9/9/2015 for an amount of Rs.87,00,000.00 in lieu of repayment of principal sum and interest.