P ELANGO Vs. ICICI BANK LTD

JUDGEMENT

(1.) The above criminal original petition has been filed by the Petitioner/accused to call for the records and to quash the proceedings pending against him in C.C. No. 12485 of 2006, on the file of the learned III Metropolitan Magistrate, George Town, Chennai.

(2.) The short facts of the case are as follows

(3.) The learned Counsel for the Petitioner argued that the Petitioner and the Respondent had made an agreement for a personal loan of a sum of Rs. 45,000/-and the Petitioner promising to repay in 36 equal monthly instalments ie. Rs. 1,742/-per month. The Respondent had also presented the cheques and the same was returned as such the Respondent has filed a private complaint before learned Magistrate as offence under Sections 420 and 406 I.P.C. Further, the learned Counsel argued that the loan transaction had taken place on the strength of a personal loan agreement vide No. LPTR100001110126, dated 31.03.2003, besides post dated cheques, so the said money transaction is purely covered under civil nature. As such, the private complaint in C.C. No. 12485 of 2006, pending on the file of the learned III Metropolitan Magistrate, George Town, Chennai is not sustainable under law, since it is not covered under a criminal nature, as on the ground of cheating. Further the learned Counsel argued that the Petitioner working as a Junior Assistant at Bharadhidasan University in Trichi. He is suffering from heart ailment. Further, the learned Counsel has cited a judgment of this Court in a batch case of Crl.O.P. Nos. 4962, 28614, 29107, 24126, 23228, 25970, 26393, 29108, 26575, 30291, 6660, 26576, 26673 of 2006; 10252, 10304, 10868, 10895, 10899, 11319, 11337, 11716, 11992, 12006, 12297, 12304, 12395, 12536, 12613, 13394, 15970, 15972, 16251, 16710, 16747, 16896, 19379, 19834, 19922, 20152, 20206, 20827, 21043, 21365, 21832, 22388, 22514, 22572, 22647, 22699, 23727, 24198, 24241, 24596, 25030 and 25750 of 2007. The operative portion of this judgment is as follows