T. M. RAMALINGAM Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) Since the issues involved in both the petitions are one and the same, they are taken up together and a Common Order is being passed.

(2.) The present Criminal Original Petitions are filed under Section 482 Cr.P.C., to call for the records relating to the Charge Sheet in C.C.Nos.349 and 350 of 2015 pending on the file of the learned Judicial Magistrate, Dharapuram, Tiruppur District and quash the same respectively.

(3.) The allegations levelled against the petitioner in Crl.O.P.No.2450 of 2016, as per the FIR, is that the 2 nd respondent, viz., defacto complainant, had lodged a complaint stating that he is doing commission business with regard to groundnut along with his son, namely Subbayan, and he came to know the petitioner on account of the same. Further, the 2 nd respondent and his son being familiar with the petitioner had purchased the land to an extent of 0.09 1/2 Cents for a sum of Rs.4,00,000/- from the petitioner and a sum of Rs.3,92,825/- was paid by the 2 nd respondent's son and for a balance sum of Rs.7,175/-, 24 months time was granted. By stating all the said facts, an agreement was entered into between them on 04.07.2002. Thereafter, when the 2nd respondent and his son had requested the petitioner to comply with the said agreement, the petitioner failed to act as per the agreement, hence the 2nd respondent had filed a suit in O.S.No.74 of 2007 before the Subordinate Court, Dharapuram and the same is pending. In the meanwhile, since an information has been received that the petitioner is building a house, shop and that his son is not feeling well, the 2nd respondent and another person, namely, Sivakumar, [similarly cheated person, 2nd respondent in Crl.O.P.No.2195 of 2016 by the petitioner] has approached the petitioner's house requesting to handover the properties and comply with the agreement, but the petitioner had declined the request and threatened with dire consequences. On account of the same, a case has been registered in Crime No.2591 of 2011 for offences under Sections 420 and 506(i) of IPC.