S. PALANIMUTHU Vs. STATE

JUDGEMENT

(1.) The history of the case is, one P. Periyasamy, S/o.Pachamuthu Pillai, Kichipalayam, Salem District, gave a written complainant dated 19.11.2002 to the Inspector of Police, Department of Vigilance and Anti Corruption, Salem, alleging that he borrowed a sum of Rs. 90,000/- from S. Gnanasekaran during the month of February 1999, for business purpose and executed two signed blank promissory notes promising to repay the said sum on demand. It was agreed between him and S. Gnansekaran and that the principal and interest will be repaid in 40 equal monthly instalment at the rate of Rs. 4,500/- per month. Accordingly, he paid 30 instalment, thereafter due to loss in business, he could not pay the remaining 10 instalment.

(2.) Hence, S. Gnansekaran demanded the balance amount and took three post dated cheques each for Rs. 30,000/- and presented the same for collection. The cheques got bounced for want of funds. Meanwhile S. Gnansekaran gave a complaint, to Kitchipalayam Police Station alleging that Periyasamy has borrowed money and refusing to pay the sum on demand and also threatening to kill him. Based on the said complaint given by the S. Gnansekaran, Periyasamy was called for enquiry by S. Palanimuthu/A1, Head Constable. After negotiation the Periyasamy gave a letter of undertaking and sought time till 15.11.2002 to clear the debts. However, he could not pay the money to S.Gnansekaran has promised.

(3.) On 13.11.2002, S. Palanimuthu/A1 called Periyasamy over phone and enquired whether he has paid the money to S. Gnansekaran as promised. Periyasamy has said that there is disputed in re-conciliation of account so he need some more time to settled the loan, for which S. Palanimuthu/A1 demanded as Rs. 4,000/- to negotiate with S. Gnansekaran and get extension of time for payment and if the money demanded not given, he will arrest him, based on the complaint given by S.Gnansekaran. Fearing consequence, Periyasamy the de-facto complainants had gone to Police Station on 14.11.2002 and met S. Palanimuthu/A1 at 6.p.m.