THANICKACHALAM Vs. STATE

JUDGEMENT

(1.) The above Criminal Original petition has been filed under Section 482 of the Code of Criminal Procedure praying to call for the records in C.C.No.8431 of 2002 on the file of the Court of XI Metropolitan Magistrate, Saidapet and quash the same.

(2.) The petitioners, who are the husband and wife and respectively aged 76 and 68 years, are the accused before the Court below in the said criminal case, which was registered on the complaint lodged by one Dr.A.G.Manimekalai for the offences punishable under Sections 406,405 and 383 r/w.384 IPC.

(3.) The allegations against the petitioners are that during the year 1988-89, the informant Dr.A.G.Manimekalai purchased a house property at Door No.28, Krishna Street, T.Nagar, Chennai-17 through the first petitioner, who is a broker, and in order to settle the full amount for the purchased property, the first petitioner induced the informant to obtain a sum of Rs.3,50,000/= from him after obtaining the original title deed and a written letter from the informant in the name of his wife i.e. the second petitioner; that the first petitioner promised that whenever the informant settled the said amount at once, he would return the title deed as well as the letter of deposit given to his wife, the second petitioner, but, even after the final payment was effected on 6.3.1991 and in spite of the informant requesting the petitioners to return the original title deed and the letter of deposit, both the petitioners returned only the title deed but not the letter of deposit under a false pretext that it might have been lost and also threatened the informant and her father over phone and in person several times and also through some unknown persons in filthy language with intent to refuse and conceal the letter of deposit and to create certain forged documents and thus caused wrongful loss to the informant. The said complaint of the informant was investigated into by the respondent police and also filed a final report in C.C.No.8431 of 2002 before the Court of XI Metropolitan Magistrate, Saidapet, which is pending trial. At this stage, the petitioners/accused have come forward to file the above criminal original petition to quash the said criminal proceedings.