V. DHAYANITHI Vs. S. BABU

JUDGEMENT

(1.) This Petition has been filed seeking to quash the Further Report that was filed by the Respondent-Police wherein the offences under Ss. 3(2)(v-a), 3(1)(r) and 3(1)(p) of the SC and ST (Prevention of Atrocities) Amendment Act, 2015 were added apart from the existing offence under Sec. 506(1) of I.P.C. and Sec. 4 of the (Tamil Nadu) Prohibition of Charging Exorbitant Interest Act, 2003.

(2.) Heard the learned Counsel appearing on behalf of the Petitioners, the learned Counsel appearing on behalf of the First Respondent and the learned Government Advocate (Crl. Side) appearing on behalf of the Respondents 2 & 3.

(3.) The First Respondent/De facto Complainant gave a Complaint to the effect that he had borrowed a sum of Rs.70,000.00 from the Petitioners at the rate of Rs.5.00 per month for every Rs.100..00 Thereafter, the De facto Complainant borrowed a further sum of Rs.2,50,000.00 in the year 2020. He also agreed to repay the amount within a period of four months. While borrowing this amount, the signature of the De facto Complainant was taken in blank papers and Cheques were also taken as security. The further case of the De facto Complainant is that he has repaid back the entire amount with interest and inspite of the same, the Petitioners were insisting for paying exorbitant interest. They also proceeded further to misuse the Cheques that were given as security and initiated proceedings under Sec. 138 of the Negotiable Instruments Act. When the De facto Complainant questioned the Petitioners regarding the same, he was also threatened with dire consequences. In the light of this Complaint given by the De facto Complainant, an F.I.R. came to be registered in Crime No.1356 of 2020 on 22/11/2020. It must be noted that the said Complaint confined itself to the above allegations and nothing more.