VAHCA KRISHNAMURTHY Vs. A PALANISAMI

JUDGEMENT

(1.) BYCONSENT, the matteris taken up for final hearing. Crl.O.P.No.6613 of 2010 is filed to call for records in C.C.No.63/2009 on the file of the learned Chief Judicial Magistrate, Coimbatore based on a private complaint filed by the petitioner in Crl.O.P.No.30912 of 2008 for various offences and quash the same.

(2.) THE petition in Crl.O.P.NO.30912 of 2008 is filed seeking a direction to the 1st respondent, based upon the complaint given by the petitioner dated 24.11.2008, to register a case against the respondents 3 to 6 for abducting the petitioner and also to direct the 1st respondent to recover all four cheques of the Catholic Syrian Bank, Singanullur Branch of KRA Textile bearing Nos.799792 dated 25.11.2008, 799793 dated 25.12.2008, 799794 dated 25.12.2008 and 799795 dated 25.1.2009 from the respondents 3 to 6 which were extracted from the petitioner illegally under coercion and threat. (amended as per the order of this Court dated 3.3.2010 in MP No.1 of 2010).

(3.) THE brief facts of the case is as follows: THE petitioner is doing business in textiles under the name and style of KRA Textiles. His son Parama Guru is also doing same business, but separately. During the course of business, the petitioner's son had not repaid the amount payable to Sri Sai Baba Cotton Company, Guntoor, Harshini Cotton Company, Nadikudi Andhra Pradesh and Sri Rama Lakshmana Cotton Traders, Guntoor. Sri Sai Baba Cotton Company Guntoor had lodged a complaint before the Lalpet Police Station, Guntoor on 2.9.2008 against the petitioner's son Paramaguru and a case was registered in Cr.No.181 of 2008 for the offence punishable under Sec.420 IPC. He was arrested and remanded to judicial custody on 14.9.2008.