M SUDHA Vs. STATE

JUDGEMENT

(1.) This Petition has been filed to quash the FIR. in Crime No.1024 of 2018 on the file of the first respondent, registered for the offences under Sec. 3 r/w 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act 2003, and Sec. 420 of IPC, against the petitioner.

(2.) The learned counsel appearing for the petitioner submitted that the allegations averred in the complaint did not disclose any prima facie case as against the petitioner to register a case for the offence under Sec. 420 of Penal Code and Sec. 3 r/w 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act. Further the entire avernments are vague and bereft of material, without even furnishing any reliable material for payment of exorbitant amount of Rs.20,14,750.00 to the petitioner. During the end of Dec. 2017, the defacto complainant borrowed a sum of Rs.4,25,000.00 and thereafter a sum of Rs.10,00,000.00 in the month of March, 2018. To repay the same, she issued two cheques in favour of the petitioner/A1 for a sum of Rs.4,99,200.00 and Rs.10,00,000.00 respectively, inclusive of interest drawn on State Bank of India. Both the cheques were returned dishonoured and as such the petitioner caused statutory notice to the second respondent. Immediately after receipt of the same, the present complaint has been foisted as against the petitioner. Therefore, he sought for quashment of the FIR.

(3.) Per contra, the learned counsel appearing for the second respondent submitted that the second respondent borrowed money from the petitioner on interest basis. Though she returned entire money with interest, the petitioner is charging for more interest. Further he submitted that it is the stage of FIR. and it has to be investigated further to unearth the truth. Therefore, it cannot be quashed at this stage and prayed for dismissal of this petition.