A. GNANASEKERAN Vs. A. VIJAYASEKARAN

JUDGEMENT

(1.) This Criminal Original Petition has been filed, invoking Sec. 482 Cr.P.C., seeking orders to call for the records pertaining to the case in S.T.C.No. 997 of 2019, pending on the file of the Court of Judicial Magistrate No.I, Sivakasi and quash the same.

(2.) The petitioner is the sole accused and the respondent has filed a private complaint under Sec. 200 Cr.P.C., against the petitioner for the offences under Sec. 138 r/w 142 of the Negotiable Instruments Act. Admittedly, the petitioner and the respondent are blood brothers. It is not in dispute that their father Ayyanathan had 9 children viz., Rajasekaran, Chandrasekaran, Suriyaprabha, Gunasekaran, A.Vijayasekaran (complainant), A.Gnanasekaran (Accused), Chandraprabha, Rathnaprabha and Dhanasekaran, that their brother Chandrasekaran died on 25/3/1991 and their father died on 6/6/2002 and that after separation of some brothers, the complainant, the accused and Dhanasekaran were carrying on their family business. It is also not in dispute that the accused was the Chairman of Sivakasi Municipality for two period.

(3.) The case of the complainant is that when the complainant, the accused and their brother Dhanasekaran were managing their business, in order to protect and safeguard the family name and family business, had chosen to go for several rounds of discussions and mediations from July 2016 in the presence of their friends and well wishers of the family and that after several round of discussions, an oral family arrangement was reached mutually between the members of the joint family on 23/8/2017 and the oral partition list was prepared in the first week of March 2018 and the same was signed by all the three brothers before the witnesses, that thereafter, by confirming the oral family arrangement, a memorandum of partition was entered on 26/4/2018 wherein the complainant, the accused and Dhanasekaran and all their family members had signed in the memorandum accepting the oral partition arrangement effected on 23/8/2017, that as per the said family arrangement, the members of the joint family had agreed to obtain the sale deed in the name of the accused relating to the properties situated in S.No.303/1 of Aranvoyal Village, Thiruvallur Taluk, that the entire sale consideration for the purchase of the said property was made prior to the partition and after the partition out of the funds from the Safire Offset Printers concern and that in order to have the equality of allotment of properties and in view of the purchase of the above property at Thiruvallur, the accused on 25/6/2018 consented to compensate by paying Rs.5,18,50,000.00 as owelty to the complainant.