D MOHANASUNDARAM Vs. K N KANDASAMY

JUDGEMENT

(1.) This petition has been filed under Section 482 Cr.P.C, seeking to call for the records pertaining to the proceedings in C.C.No.96 of 2004, on the file of the learned Judicial Magistrate No.II Udumalpet, against the petitioners herein to prosecute them for the alleged offences under Section 3 punishable under Section 4 of the Tamil Nadu Prohibition of Charging Exorbitant Interest Ordinance No.2 of 2003 and quash the proceedings against them.

(2.) The petitioners inform that they have been falsely implicated in the case on the allegation that the respondent / complainant had borrowed a sum of Rs.1,50,000/- in February 2001 and Rs.1,00,000/- in March 2001 from the petitioners, that the complainant had repaid a sum of Rs.4,00,000/- upto December 2003 and that the petitioners had been charging exorbitant interest on such sums borrowed without giving any credit to the sum repaid by the respondent / defacto complainant.

(3.) The respondent / complainant had further alleged that he had handed over several signed blank promissory notes, signed cheques and some other signed stamp papers which had been misused by the petitioners and the same were used for the purpose of filing a suit in O.S.No.40 of 2002 before the Sub Court Udumalpet. The petitioners would contend that pursuant to the sale agreement dated 28.08.2001 in respect of the property of the complainant, a sum of Rs.1,90,000/- was paid and possession of the land was taken by the petitioners. As the complainant failed to execute the sale deed within the stipulated period, the petitioners filed a suit for specific performance in O.S.No.40 of 2002 before the Sub Court, Udumalpet. Such suit was decreed and by way of execution proceedings in E.P.No.113 of 2002 and upon deposit of the balance sale consideration, a sale deed was executed by the Court in favour of the petitioners on 02.06.2003. The entire proceedings had been allowed to go ex-parte by the respondent. It is submitted on behalf of the petitioners that the complaint filed against them is false and the same has been lodged after a period of eight months after the execution of sale deed in their favour by the Court.