PRIYADHARSHINI Vs. INSPECTOR OF POLICE, KODUNGAIYUR POLICE STATION

JUDGEMENT

(1.) This Criminal Revision Cases has been filed by the petitioner to set aside the impugned order, dtd. 4/8/2023 passed by the learned X Metropolitan Magistrate, Egmore, Chennai in Crl.M.P.No.28420 of 2023.

(2.) The petitioner lodged a complaint to the respondent Police on 25/3/2023 against one Akbar A.Ciyazkathum wife of late.V.Akbar and C.S.R.No.458 of 2023 assigned. The complaint of the petitioner is that through her sister Lavanya, she came in contact with one Akbar and his wife Ciyazkathun who are running a real estate business in the name of A.S.Real Estate. For business needs, Akbar and his wife Ciyazkathun requested money and also promised that they would pay interest or execute sale deed for the properties available with them in Ponneri or Kalpakkam. The petitioner believing their representation, gave Rs.30,00,000.00 which is the amount available with her and also by pledging jewels. Thereafter, Akbar exeucted documents for receipt of Rs.15,00,000.00 on 24/12/2020 and also issued cheques in the name of petitioner drawn on State Bank of India for Rs.7.5 lakhs on 20/1/2023, Rs.15.00 lakhs on 10/1/2023, another Rs.7.5 lakhs on 20/1/2023 and Rs.3,25,000.00 on 20/1/2023. The said Akbar passed away on 24/1/2023, thereafter, his wife Ciyazkathun acknowledged the receipt of money and transaction and executed document on 3/2/2023 on undertaking that she would pay total sum of Rs.42,00,000.00 within a period of three months. Though the documents titled as loan documents, it acknowledges the receipt of Rs.42,00,000.00 for the prupose of A.S.Real Estate business. After execution of document on 3/2/2023, Ciyazkathun taking advantage of her husband's death, cheated the petitioner in a deceitful manner. Despite the petitioner lodging a complaint to the respondent Police narrating all the sequence of event, the respondent Police failed to take action.

(3.) Though the respondent Police recorded that Ciyazkathun refused and cheated the petitioner, it also recroded that both the parties to approach the Court for their remedy. Thereafter, the petitioner filed a petition under Sec. 156(3) Cr.P.C., before the learned X Metropolitan Magistrate, Egmore, Chennai in Crl.M.P.No.28420 of 2023. The learned Magistrate in the impugned order, dtd. 4/8/2023 recorded all the transactions between the petitioner and Akbar and his wife Ciyazkathun, but gives a finding that the dispute is purely on a loan transaction and does not make any ingriedents of the criminal prosecution. Challenging the same, the present Criminal Revision Case has been filed.