S.Mohankumar, Aged 56 Years v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.08.2018
CORAM:
THE HON'BLE MR. JUSTICE P.N. PRAKASH Crl.O.P. No.8664 of 2018 & Crl.M.P. Nos.4486, 9121 & 9768 of S. Mohankumar Petitioner vs.
State represented by the Inspector of Police Central Crime Branch - Team 32 Chit Fund and Kanduvatti 32 Team Chennai (Cr. No.164 of 2017) S. Balasubramanian Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking to call for the records in FIR in Cr. No.164 of 2017 on the file of the first respondent and quash the same.
For petitioner Mr. R. Vivekanandan for Mr. A. Damodaran For R1 Mr. C. Iyappa Raj Additonal Public Prosecutor For R2 Mr. R. Srinivas for Mr. M.R. Sivakumar
ORDER
This Criminal Original Petition has been filed seeking to call for the records in FIR in Cr. No.164 of 2017 on the file of the first respondent police and quash the same.
For the sake of convenience, the parties are referred to by their name.
On the complaint lodged by one Balasubramaniam, the second respondent, the first respondent police registered a case in Cr.No.164 of 2017 on 02.06.2017 under Sections 406, 420 and 506(I) IPC and Sections 3 and 4 of the Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003, against Mohan Kumar, for quashing which, this Criminal Original Petition has been filed.
Heard Mr. Vivekanandan, learned counsel for Mohan Kumar, Mr. C. Iyappa Raj, learned Additional Public Prosecutor appearing for the first respondent State and Mr. Srinivas, learned counsel for Balasubramaniam.
Mr. Vivekanandhan, learned counsel for Mohan Kumar contended that Balasubramanian had already given a complaint to the Deputy Commissioner of Police, Kilpauk on 13.09.2016, in which, there is no allegation relating to kandhuvaddy transaction. He further contended that Balasubramaniam and Mohan Kumar had entered into a Memorandum of Understanding on 15.06.2015 and since Balasubramaniam failed to act as per the Memorandum of Understanding, Mohankumar has filed a suit in C.S. No.735 of 2016 in the High Court and that he is ready and willing to withdraw the suit in order to purchase peace. Per contra, the learned Additional Public Prosecutor submitted that there are three other cases pending against Mohan Kumar in Cr. Nos.446 of 2009, 179 of 2017 and 110 of 2018 on similar allegations by various complainants. He further submitted that Mohan Kumar is into kandhuvaddy business and he has been lending money on usurious rate of interest to victims and harassing them.
Refuting the aforesaid contentions, Mr. Vivekanandan contended that the present complaint by Balasubramaniam has been given by suppressing the earlier complaint dated 13.09.2016 which is an abuse of process of law and therefore, the FIR in Cr. No.164 of 2017 is liable to be quashed. This Court gave its anxious consideration to the rival submissions.
On a reading of the FIR in Cr. No.164 of 2017, it is seen that Balasubramaniam has alleged that he had totally borrowed a sum of Rs.1.50 crores from Mohan Kumar at an interest rate of 12% per annum in the years 2008 and 2010 and that he had repaid the entire amount, despite which, Mohan Kumar is claiming interest at the rate of 33% per annum and has filed a money suit for recovery of Rs.45 lakhs. P.N. PRAKASH, J.
cad In the considered opinion of this Court, just
because Mohan Kumar has filed a suit for recovery of money, that cannot absolve him of criminal liability, if it is found during investigation that he had charged exorbitant interest. Since there are disputed questions of fact, the FIR cannot be quashed in the light of the law laid down by the Supreme Court in State of Haryana vs. Bhajan Lal [(1992) Supp. 1 SCC 335]. In the result, this Criminal Original Petition stands dismissed as being devoid of merits. Connected Crl.M.Ps. are closed.
Sd/- Deputy Registrar(CS) //True Copy// Sub Assistant Registrar cad To The Inspector of Police Central Crime Branch - Team 32 Chit Fund and Kanduvatti 32 Team Chennai The Public Prosecutor Madras High Court Chennai 600 104 + 1 cc to Mr. A. Damodaran, Advcoate Sr.52548 + 1 cc to Mr. M.R.Sivakumar, Advocate Sr.52498 Crl.O.P. No.8664 of 2018 (CS-DR) EU(16/08/2018)