BABU E Vs. S RAMESH

JUDGEMENT

(1.) The petitioner/accused in the private complaint filed by the respondent for offence under Section 500 IPC, which is pending trial before the XVIII Metropolitan Magistrate, Saidapet, Chennai in C.C.No.107 of 2014.

(2.) There was no representation for the respondent despite service of notice. Keeping the petition pending from the year 2014 would serve no purpose. Hence, this Court appointed Ms.G.Vrinda Ramesh as Legal Aid Counsel to represent and defend the respondent.

(3.) The case is that the respondent is a reputed flat promoter and carrying on the business under the name and style of SRS Flat Promoters and he was also doing various interior works and other allied civil works. The respondent is in the field of construction for more than 15 years. The petitioner and the respondent are Alma Matter friend and the petitioner was doing painting work on the contract basis in the name of Babu Arts. The petitioner sustained loss and he was forced to close his establishment and sought asylum at the hands of the respondent. The respondent accommodated the accused, asked him to work on brokerage basis. The petitioner used to bring prospective persons for joint venture and get brokerage for his work. During the month of January 2012, the petitioner representing one Raghavan the owner of the flat situated at No.113, 3rd floor, R.K.Mutt Road, Mandaveli, who mortgaged the property to Bank of India and he was unable to repay the loan, the bank had initiated distress sale under SARFEASI proceedings. The petitioner as a power agent of the said Raghavan, received a sum of Rs.25 lakhs from the respondent to tide over from the bank proceedings. On receipt of Rs.25 lakhs, a promissory note was executed on 18.01.2011. The said Raghavan got discharged from the mortgage loan and obtained no due certificate from the bank, all the relevant documents including the title deeds pertaining to the said property of Raghavan had been delivered and handed over to the custody of the respondent on 20.01.2012.