BABU JOHN Vs. ICICI BANK LIMITED

JUDGEMENT

(1.) THE petitioner has filed the above Criminal Original Petition to call for the entire records pertaining to complaint in C. C. No. 574 of 2007 pending on the file of the III Metropolitan Magistrate, George Town, Chennai and quash the same.

(2.) THE respondent/complainant's complaint is that the petitioner had approached the office of the complainant for a person loan for purchase of a used car. The complainant after completing the necessary legal formalities, sanctioned a loan of Rs. 70,000/- to the accused vide agreement No. LPK0m00001433529. After obtaining the said loan, the accused executed a loan agreement in favour of the complainant. As per agreement, the accused had agreed to repay the said loan in 36 equated monthly instalments of Rs. 3,206/ -. The accused, after receipt of the said loan, had intentionally not purchased the car and thus cheated the complainant. Further, the respondent stated that the petitioner had become a chronic defaulter in payment and had violated the agreement made with the complainant, with the criminal intention of cheating. So, the respondent had committed the offence of cheating, thereby, punishable under Section 420 of IPC and had misappropriated the money and thereby committed an offence under Section 406 of IPC. In support of the complaint, two documents are filed and one witness mentioned.

(3.) THE learned Magistrate has taken the case on his file and issued summons to the petitioner herein.