ARPUTHARAJ AND 7 OTHERS Vs. STATE, REP. BY THE INSPECTOR OF POLICE, VAIYAMPATTI POLICE STATION, TIRUCHIRAPALLI DISTRICT. 2. NIXON IGNATIUS XAVIER

JUDGEMENT

(1.) This Petition is filed to quash the proceedings in C.C. No. 2 of 2008 on the file of the learned Chief Judicial Magistrate, Tiruchirapalli.

(2.) On a Complaint given by the 2nd Respondent, the 1st Respondent had registered a case in Crime No. 64 of 2005 on 21.2.2005 for an alleged offence under Sections 120-B, 420, 427, 452, 468, 502(ii) & 109, Penal Code r/w Sections 3 & 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003 (hereinafter referred as Exorbitant Interest Act). The crux of the Complaint is that the de facto Complainant obtained a loan of Rs. 32,000.00 from one Lawrance Pitchaimuthu son of Peter Frances (Petitioner No. 5) and Rs. 18,000.00 from the 1st Petitioner who is the brother of the said Lawrance Pitchaimuthu. It is said that these two persons have been obtaining exorbitant interest at the rate of Rs. 4.00 per hundred and later increased to Rs. 5.00 per hundred rupees and he has been initially paying monthly interest and thereafter weekly interest.

(3.) It is alleged that though he had paid huge amount towards the loan, the said two persons along with the other Petitioners, who are all the family members threatened to make him to execute a Power of Attorney and with the aid of such Power of Attorney they have cheated and grabbed his property worth of Rs. 2 lakh's for paltry sum. On such a Complaint, an investigation has been conducted and a charge-sheet has been filed as early as 5.8.2006 which was taken on file in C.C. No. 2 of 2006 on the file of the Chief Judicial Magistrate, Tiruchirapalli. The Complainant seemed to have filed a Writ Petition in the year 2007 to direct the Government to appoint a Special Public Prosecutor which was turned down by an order dated 7.2.2007 in W.P. No. 993 of 2007. Meanwhile the Petitioners have approached this Court under Sec. 482 for a speedy disposal which was also considered by this Court. The representation given by the de facto Complainant for appointment of Special Prosecutor was turned down by letter dated 12.7.2007. Even before filing of the charge-sheet, the said Lawrance Pitchaimuthu expired and the charge-sheet was filed only against these Petitioners.