G SRINIVASAN Vs. N VELUMANI

JUDGEMENT

(1.) This Criminal Original Petition has been filed under Section 482 Cr.P.C., to call for the records relating to the complaint in C.C.No.1044 of 2009 pending on the file of the Judicial Magistrate No.2, Coimbatore and quash the same.

(2.) The respondent herein filed a private complaint against the petitioners in C.C.No.1044 of 2009 before the Judicial Magistrate No.2, Coimbatore under Sections 120-B,406,420,468 and 471 alleging that petitioners were running Sri Sapthagiri Financiers and that she, her husband and her mother deposited Rs.12,50,000/- and the petitioners had executed separate promissory notes in her favour and in favour of her husband and her mother. Her further case was that when she demanded the return of the amount, the first petitioner produced some forged receipts as if the amount has been repaid and because of the mental agony caused due to action of the petitioner her husband died. Thus she alleged that there is a criminal conspiracy between the petitioners for committing the offences.

(3.) On earlier occasion, the husband of the respondent herein lodged a complaint in Crime No.970 of 2005 in B.3 Kattur Police Station, Crime Branch, Coimbatore stating that he had deposited Rs.15,000/-, his wife Velumani (respondent) had deposited Rs.17,500/- and his mother-in-law Lakshmiammal deposited Rs.17,500/- on 15.10.1997 in Sri Sapthagiri Financiers which was conducted by the 1st petitioner with the assistance of his wife and daughter i.e., the petitioners 2 and 3. He also stated in the said complaint that the petitioners received 12 payments of Rs.50,000/- each from him and 12 payment of Rs.50,000/- each from his wife on 18.5.2002. However the 24 payments of Rs.50,000/- each said to have been made on 18.5.2002.