Lakshmana Perumal v. Ashok Deshiehra

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 2-9-2015 Coram THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.19374 of 2008 M.P.No.1 of 2008 Lakshmana Perumal ..

Petitioner Vs.

1.

Ashok Deshlehr 2.

Sundaram Pillai ..

Respondents Criminal Original Petition filed under Section 482 Cr.P.C. with a prayer to call for the records of the complaint in C.C.No.496 of 2008 on the file of the X Metropolitan Magistrate Court, Egmore, Chennai-8, and quash the same.

For Petitioner :

Mr.K.Narasimhan For 2nd Respondent :

Mr.P.Narayana Swami

O R D E R

On reading the complaint in C.C.No.496 of 2008 it is evident that a simple civil transaction has been given criminal colour. 2.

In the year 2008-2009, several financial institutions filed such complaints before various Magistrates in Chennai making allegations of cheating against borrowers. This matter came to the notice of a learned single Judge of this Court, who directed the Registrar General of this Court to call for a report from the trial Courts and on receipt of the reports, all the

prosecutions were quashed by a common order dated 21.08.2008 passed in Crl.O.P.Nos.15451 and 15981 of 2008. Somehow this prosecution escaped the net.

3.

Under such circumstances, this complaint is clearly an abuse of process of law and accordingly the same is quashed, and this petition is dismissed. Connected miscellaneous petition is also dismissed. Index : Yes/No.

2-9-2015 vr

P.N.PRAKASH, J.

vr Crl.O.P.No.19374 of 2008 2-9-2015