R. MANIMEGALAI Vs. STATE

JUDGEMENT

(1.) In view of commonality of the issues involved, these Criminal Original Petitions are considered and decided by this common order.

(2.) For the sake of convenience, the parties will be referred to by their names.

(3.) Uncontroverted facts are as under : Rajendran (A1) was a tenant under Arthi (de facto complainant). Rajendran was into mining business in Andhra Pradesh. Rajendran wanted money for his business. So, he entered into an agreement with Arthi on 26.06.1996, agreeing to take her as a partner in the business and took Rs.25,00,000/- from her. Somewhere his venture did not fructify and he was not able to return the amount to Arthi. When Arthi started asking for her money, Rajendran quit the premises of Arthi on 22.01.2001 and on 23.01.2001 entered into a fresh agreement with her, undertaking to repay a sum of Rs.24,00,000/- with interest at 24% per annum. When Rajendran was not able to return the money, Arthi filed a suit in C.S.No.923 of 2002 in the High Court against Rajendran for Rs.59,00,000/- and also obtained a decree against him. Arthi and her husband Muralikrishnan, simultaneously filed a private complaint in Crl.M.P.No.2201 of 2002 in the Court of the V Metropolitan Magistrate, Egmore for the offences under Sections 403, 405, 406, 415, 420, 120-B and 506(ii) read with Section 34 IPC against Rajendran (A1), his brother Kandeepam (A2) and his wife Manimegalai (A3). The Magistrate mechanically ordered police investigation under Section 156(3) Cr.P.C. on 01.04.2002. Therefore, the police registered an F.I.R. in Crime No.284 of 2002 against the aforesaid trio for the offences stated above. After completing the investigation, the police filed a Closure Report in the Court saying that the matter is civil in nature. Muralikrishnan and Arthi filed a protest application, in which, further investigation was ordered by the Magistrate on 20.02.2007. The police conducted further investigation and filed a charge sheet in C.C.No.3946 of 2007 for the offence under Section 420 read with Section 34 IPC against Rajendran (A1), Kandeepan (A2) and Manimegalai (A3), for quashing which, Kandeepan and Manimegalai are before this Court.