DIVYA S. Vs. CANFIN HOMES LTD.

JUDGEMENT

(1.) The petitioner is before this Court calling in question proceedings in C.C.No.3335/2021, which arose out of PCR No.1095/2021.

(2.) The respondent-CANFIN Homes Limited is the complainant. The petitioner is a borrower from the hands of CANFIN Homes Limited. The petitioner borrows a sum of Rs.37,75,000.00 from the hands of the respondent to purchase a particular property. The property was purchased from out of the loan that was taken from the hands of the respondent on 13/7/2017. Alleging that CANFIN Homes Limited has colluded with other private parties, it transpires that the petitioner has registered a complaint, which becomes a crime in Crime No.183/2020 for the offence punishable under Sec. 420 of IPC. The Police after investigation have filed the charge sheet against the private persons. The respondent later on the ground that the cheques so issued have been dishonoured initiate proceedings against the petitioner invoking Sec. 200 of the Cr.P.C. for offence punishable under Sec. 138 of the Negotiable Instruments Act , 1881 (for short 'N.I.Act'). The proceedings have gone on for the last two years and at the fag end of the proceedings, the petitioner has knocked at the doors of this Court in the subject petition.

(3.) Learned counsel for the petitioner contends that at the time of availing of the loan, blank cheques were taken by the respondent and the entire amount was filled-up in those blank cheques.