9911796707
Advanced Search 
TMI Blog2014 (9) TMI 1248X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent/defacto complainant. 2. The complaint proceeds as if A1 Anbuselvam is closely known to the complainant and A1 approached the complainant for loan of Rs. 3,80,00,000/- for improvement of his hotel business and A1 to A4 obtained loan, agreeing to repay the amount with interest and A2 to A4 have also, with the consent of A1 executed consent and confirmation letter on 21.9.2012 and in pursuance of the same, A1 executed sale deed in respect of his house, towards partial discharge of loan and A1 has, with the consent of A2 to A4 repaid portion of the loan amount and has also issued one cheque for Rs. 25,00,000/- on 16.10.2012 and the cheque was not presented for collection at the request of the accused and inspite of the repeated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rrowed huge amount from the second respondent defacto complainant for business purpose and partially discharged their liability and failed to repay the balance amount and made life threat to return the documents obtained at the time of borrowing the money without actually repaying the amount, the petitioners have come forward with different theory as if the petitioners are originally running a fruit vending business and the first petitioner, at the ill-advice of the defacto complainant opened a non vegetarian canteen in the name of MASS CANTEEN by investing huge amount and though the defacto complainant did not pay any amount, he demanded Rs. 75 lakhs from the first petitioner in arranging for the same to fructify and materialize and t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ked into, only for the limited purpose in support of the petitioners' case that the petitioners paid nearly Rs. 72 lakhs under the mortgage discharge receipt and sale deeds in favour of the second respondent defacto complainant and another Rs. 28 lakhs by way of deposits in the bank. Though the defacto complainant has not produced any document before this court in support of his theory that borrowal of Rs. 38,00,000/- by A1 along with A2 to A4 and execution of consent and confirmation letters by either A1 or A2 to A4 etc, the documents produced herein would reveal that there was money transaction between the second respondent and the first petitioner and the first petitioner has made cash payment and executed sale deed in respect o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n that the defacto complainant did not present the cheque for encashment as requested by the accused till the expiry of the cheque period, without being obtained fresh cheque leaf, appears to be, in the light of the earlier conduct of the parties, invented for the purpose of this case and is lacking in bonafide. 9. In this context, it is useful to refer the decision of this Court reported in 2009 (3) MWN (Cr.) 403 (G.Venkatesh and another v. Dr.S.Kalaikumar), wherein, the learned brother judge observed that the Hon'ble Supreme court time and again, discouraged such practice of approaching the criminal court for recovery of money due, which is purely civil in nature, stating that offence under Section 420 is made out. Another learned br ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tted and therefore, it is the intention, which is the gist of the offence and to hold a person guilty of cheating, it is necessary to show that he had fraudulent or dishonest intention at the time of making the promise. From his mere failure to keep up promise subsequently such a culpable intention right at the beginning that is, when he made the promise cannot be presumed. 11. Such observation of the Hon'ble Supreme Court is squarely applicable to the facts of the present case, wherein, there is nothing to show that the petitioners have had any fraudulent or dishonest intention at the inception and with such intention induced the defacto complainant to part with money. On other hand, the conduct of the petitioners would show that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... igh Court). In the first case, it is observed by this Court that "for being an offence under Section 506(ii) which is rather an important offence punishable with imprisonment which may extend to seven years, the threat should be a real one and not just a mere word when the person uttering it does not exactly mean what he says and also when the person at whom threat is launched does not feel threatened actually". In the second case, it is observed by the Punjab and Haryana High Court that "empty threats does not prima facie mean that the case under section 506 IPC is made out against the petitioner". Following the same, the learned brother judge was of the view that "except a vague and bald allegation of criminal intimidation, the defac ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
