S.K. PARAMASIVAM Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the proceedings in C.C. No. 109 of 2011, pending on the file of the Judicial Magistrate Court No. II, Sankari.

(2.) The petitioner is the single accused, who is facing trial for the offence under Sections 4 of Tamil Nadu Prohibition Charging of Exorbitant Interest Act, 2003 r/w Section 506(i) of IPC. The case in Crime No. 669 of 2011 came to be registered by the 1st respondent based on the complaint given by the 2nd respondent. On completion of the investigation citing LW1 to LW23, the 1st respondent filed charge sheet and the same is taken on file as C.C. No. 109 of 2011 by the learned Judicial Magistrate No. II, Sankari.

(3.) The gist of the case is that during 1995, the 2nd respondent/defacto complainant's father Andi Gounder purchased one acre of agricultural land from one Ramasamy in Samudhiram Village, Edapady Taluk. Due to his family condition and financial needs, the said Andi Gounder has borrowed loan from the petitioner of Rs. 20,000/-, Rs. 5,000/- and Rs. 3,750/- in three instalments, totally Rs. 28,750/- on interest and he had been paying the interest regularly for some time. Thereafter, due to family situation, he was unable to make the payment of interest. During 1997, the petitioner demanded a sum of Rs. 1,48,540/- with principal and interest, pressurized the father of the 2nd respondent/defacto complainant to make the payment. Since he was unable to make the payment, he executed a sale deed for 62 cents of land in favour of the petitioner for the loan availed. Thereafter, repaid a sum of Rs. 60,000/-, for which 12 cents out of 62 cents had been reconveyed to Andi Gounder and the balance 50 cents in S.No.226/1 in 18.5 cents, 226/5 in 17.5 cents and 226/6A in 14 cents were retained by the petitioner.