G BAGYALAKSHMI Vs. STATE

JUDGEMENT

(1.) THE above Criminal Original Petition is filed praying to call for the records relating to C. C. No. 318 of 2003 from the file of the Court of Judicial Magistrate No. VI, Coimbatore and quash the same in respect of the petitioner.

(2.) THE case of the petitioner is that the respondent has filed a case against her and 24 others on the allegation that they have committed an offence punishable under Section 120b r/w 420 IPC and the same was taken on file in C. C. No. 318 of 2003 by the Court of Judicial Magistrate No. VI, Coimbatore; that the charge against the petitioner is that she entered into criminal conspiracy with the other accused to commit the offence of cheating and borrowed a sum of Rs. 2,25,000/- from Nedungadi Bank, Mill Road, Coimbatore and did not repay the loan amount; that while borrowing the loan amount, she has given immovable property security worth Rs. 10,00,000/-; that due to the bomb blast in Coimbatore, she sustained heavy loss in the business and hence she could not repay the loan amount; that the Bank Officials instead of initiating civil proceedings before the Civil Court to recover the loan amount has come forward to initiate criminal proceedings to the civil transaction; that there is absolutely no material available on record for the commission of offence under Sections 120b and 420 IPC; that to attract the offence of cheating, there must be allegations that the petitioner, at the time of borrowing loan, has fraudulently or dishonestly induced the bank to sanction the loan, which is totally absent in this case; that mere non payment of loan amount will not be an offence. On such averments, she would pray for the relief extracted supra.

(3.) HEARD the learned counsel for the petitioner and the learned Government Advocate on the Criminal side contra and the materials placed on record have also been perused.