AMUTHA MEENAKSHI Vs. STATE

JUDGEMENT

(1.) This petition is filed to quash the proceedings pending against the petitioner in C.C.No.366 of 2009 on the file of the learned Judicial Magistrate No.1, Coimbatore.

(2.) The first respondent had filed a final report as against the petitioner in C.C.No.366 of 2009 for the offence punishable under Sec. 420 IPC. Perusal of the final report shows that the petitioner / accused had executed two agreements on 09.03.2009, for sale of her properties and received a sum of Rs.60,00,000.00. But, later, the petitioner / accused convinced the respondent / defacto complainant that she could not execute the sale deeds and agreed to return the money and in that basis, cancelled the sale deeds by issuing two Cheques for a sum of Rs.27,00,000.00, each. The Cheques, when presented for collection, were returned on 'stop payment' instructions given by the petitioner / accused. Even as per the Bank statement, the petitioner / accused was not having sufficient balance amount. Hence, the petitioner / accused cheated the respondent / defacto complainant to the tune of Rs.54,00,000.00 and thus, the petitioner / accused committed the offence punishable under Sec. 420 IPC.

(3.) The case was originally filed before the learned Judicial Magistrate No.1, Coimbatore under Sec. 200 Crimial P.C. as a private complaint in C.M.P.No.3183 of 2009 and the learned Magistrate referred the case for investigation under Sec. 156(3) Crimial P.C. and accordingly, a case was registered in Crime No.794 of 2009, for the offence punishable under Sec. 420 IPC.