N. ANBUSELVAM AND ORS. Vs. STATE AND ORS

JUDGEMENT

(1.) This criminal original petition is filed by A1/father, A2/wife and A3 and A4/daughters to quash the proceedings in Cr. No. 1045 of 2013 registered for the offences under sections 420, 406 and 506(ii) IPC on the basis of the complaint given by the second respondent/defacto complainant. The complaint proceeds as if A1 Anbuselvam is closely known to the complainant and A1 approached the complainant for loan of Rs. 3,80,00,000/- for improvement of his hotel business and A1 to A4 obtained loan, agreeing to repay the amount with interest and A2 to A4 have also, with the consent of A1 executed consent and confirmation letter on 21.9.2012 and in pursuance of the same, A1 executed sale deed in respect of his house, towards partial discharge of loan and A1 has, with the consent of A2 to A4 repaid portion of the loan amount and has also issued one cheque for Rs. 25,00,000/- on 16.10.2012 and the cheque was not presented for collection at the request of the accused and inspite of the repeated requests made by the defacto complainant to repay the amount, the accused requested time for repayment of the amount and after expiry of the cheque period, the accused along with 10 others came to the house of the defacto complainant at 10 a.m. on 15.9.2013 armed with wooden log and weapons and threatened the defacto complainant to kill him on his failure to return the documents. The complaint was registered as Cr. No. 1045/2013 for the offences referred to above.

(2.) The petitioners have come forward with the present petition to quash the F.I.R. on the ground that the allegations raised in the complaint are purely civil in nature and would not attract any of the offences of the Indian Penal Code and the present complaint is filed only to squeeze the money out of them and that, the previous transaction between the complainant and the first petitioner would show the nature of the entire transaction as civil in nature and the allegations attracting the offence under Section 506(ii) IPC involving the married daughters and unmarried daughter, whose marriage was to take place during the relevant point of time, are raised only to give criminal colour to the civil dispute.

(3.) Whereas, the relief sought for herein is seriously opposed by the first respondent as well as by the second respondent defacto complainant.