RAJENDIRAN AND ORS. Vs. MURUGAN

JUDGEMENT

(1.) The revision petitioners are the accused in C.C. No. 73 of 2012 on the file of the learned Judicial Magistrate No.II, Puducherry. The said Calander Case No. 73 of 2012 has been filed by the respondent herein under Section 200 of Cr.P.C. praying to launch prosecution against the revision petitioners herein for having committed the alleged offences punishable under Section 468, 471 and 420 of IPC. Pending the Calander Case in C.C. No. 73 of 2012, the petitioners herein have filed Crl.M.P. No. 2779 of 2012 under Section 245 of Cr.P.C. to discharge them from the purview of Criminal Prosecution. The trial Court, by the order dated 04.02.2013 dismissed the Crl.M.P. No. 2779 of 2012 and refused to discharge the petitioners from the criminal prosecution. Aggrieved by the same, the present Criminal Revision Case has been filed.

(2.) Pending the Criminal Revision Case, the respondent herein has filed M.P. No. 2 of 2014 in Crl.RC SR No. 53356 of 2013 to condone the delay of 146 days in filing the Criminal Revision Case against the order dated 26.02.2013 passed in Crl.M.P. No. 7602 of 2011 in STR No. 613 of 2010 on the file of the learned Judicial Magistrate No.II, Puducherry. Similarly, the respondent has also filed M.P. No. 1 of 2014 in Crl.RC SR No. 321 of 2014 to condone the delay of 202 days in filing Criminal Revision Case against the order dated 26.02.2013 passed in Crl.M.P. No. 7601 of 2011 in STR No. 638 of 2010 on the file of the learned Judicial Magistrate No.II, Puducherry. In both these petitions, this Court ordered notice to the petitioners herein and they have filed a detailed counter.

(3.) The respondent herein has filed the private complaint in C.C. No. 73 of 2012 before the trial court on 05.05.2010. In the private complaint, it was contended by the respondent herein that the petitioners herein have entered into two agreements with him. The first petitioner entered into agreements dated 26.12.2008 and 28.05.2009 and the second petitioner entered into agreements dated 26.12.2008 and 30.01.2009 respectively for purchase of apartments. The total sale consideration of each Apartments was agreed at Rs.18,00,000/-. The first petitioner has paid a sum of Rs.17,50,000/- and Rs.17,00,000/- respectively to the respondent as sale advance. The second petitioner has paid a sum of Rs.17,50,000/- towards sale advance. Time was the essence of the agreements entered into by the petitioners with the respondent. While so, the petitioners have obtained from the respondent seven blank cheques drawn on ICICI Bank, Main Branch; Indian Overseas Bank, Lawspet Branch and State Bank of India, Tattanchavadi Branch. Apart from the seven cheques, the petitioners have obtained 5 set of blank promisory notes duly signed by the respondent. The petitioners have also received blank stamp paper in the denomination of Rs.20/- apart from blank signed letter heads of the respondent with an ill intention to cheat and defraud him. Further, on 25.11.2009, the petitioners have unlawfully entered into his house and stolen two cheques signed by the respondent and his son drawn on ICICI Bank, Pondicherry bearing Cheque Nos. 832378 and 832379. Thereafter, on 10.12.2009, the petitioners have threatened the respondent over phone by stating that they are in possession of the two cheques duly signed by him and his son Dhandapani and it would be used against him to institute proceedings under Section 138 of the Negotiable Instruments Act against him. The petitioners have also presented the cheque No. 832378 dated 15.12.2009 for Rs.34,20,000/- and other cheque No.832379 dated 21.12.2009 for Rs.17,50,000/- for encashment. In this connection, the respondent has given a complaint dated 07.02.2010 before the Auroville Police Station which was taken on file in Serial No. 21 of 2010. However, as the police did not take any action against the petitioners, he has filed the private complaint under Section 200 of Cr.P.C. to punish the petitioners for having committed the offences punishable under Sections 468, 471 and 420 of IPC.