A Shalini v. The Inspector Of Police

CRL.MP.Nos.7934 & 7935 of 2023 in CRL.O.P.No.9441 of 2023 K.KUMARESH BABU, J.

These applications have been filed by the petitioner seeking for the following prayers:

(a) modification of the order passed by this Court dated 17.05.2023 with regard to clause (c) of the condition.

(b) and extension of time for the petitioner to comply with the order passed by this Court dated 17.05.2023.

2.Learned counsel appearing for the petitioner would submit that the petitioner had already handed over the documents relating to the property back to the defacto complainant and that she is not in possession of any blank signed documents of the defacto complainant and that as regards to the cheques, two cheques were received back by the defacto complainant and the two cheques were presented for collection and the same had been returned and that he could be only able to deposit the cheques in his custody. Therefore, he seeks modification of the aforesaid clause & extension of time to comply with the order.

3.Learned counsel appearing on behalf of the defacto complainant would submit that the allegations made by the petitioner are all false and the petitioner had not returned any documents as claimed by her. He admits receipt of two cheques from the petitioner.

4.As there is a dispute as regards the custody of the documents, the petitioner was directed to file an affidavit wherein she had specifically averred that she is not in possession of documents and also blank signed papers on the allegations that it had been returned to the defacto complainant, the same could not be traversed to at present. Hence, the clause (c) of the condition made in the order dated 17.05.2023 is modified as follows:

"The petitioner is directed to hand over two cheques in his possession signed by the defacto complainant to the learned Judicial Magistrate at Ambattur."

5.If during the course of investigation, it is found that the statements made by the petitioner in her affidavit dated 10.07.2023 filed before this Court is found to be false, the respondent Police is directed to bring it to the notice of this Court forthwith.

6.In view of the modification made by this Court stated supra, time is extended for a period of two weeks from the date of order copy being made ready for the petitioner to comply with the condition.

7.Accordingly, these petitions are disposed of. 10.07.2023 pam

K.KUMARESH BABU, J.

pam CRL.MP.Nos.7934 & 7935 of 2023 in CRL.O.P.No.9441 of 2023 10.07.2023