Madras High CourtCRL RC/1213/2019disposed of

Divya Nitin Sejpal v. Binoj

2024-04-29Honourable Mrs Justice R. Hemalatha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2024

CORAM

THE HONOURABLE MRS. JUSTICE R. HEMALATHA Divya Nitin Sejpal ... Petitioner Vs.

1. Binoj

2. Harikrishnan

3. Sandhiya

4. Sridevi 5.The Inspector of Police, CCB, Coimbatore City.

...

Respondents Prayer: Criminal Revision Case filed under Section 397 r/w. 401 of Criminal Procedure Code, to set aside the orders, dated 17.09.2019 passed in Cr.M.P.No.789/2019 by the Judicial Magistrate-I, Coimbatore. For Petitioner : Mr.M.Santhanaraman For Respondents :

For R1, R3 and R4 : No appearance For R2 : Mr.S.Kolandasamy For R5 Mr.S.Raja Kumar, Additional Public Prosecutor assisted by Ms.A.Shahana Fathima, Government Advocate (Crl. side)

ORDER

The suit in O.S.No.510 of 2017 on the file of the V Additional District and Sessions Court, Coimbatore was filed by the second respondent herein against the husband of the revision petitioner for recovery of a sum of Rs.38,09,850/- together with interest. The suit was based on a promissory note allegedly executed by the husband of the revision petitioner. The husband of the revision petitioner died and his legal heirs were impleaded as defendants which include the present revision petitioner.

2. The revision petitioner filed a petition in Crl.M.P.No.789 of 2019 before the Judicial Magistrate No.I, Coimbatore, stating that since her husband's signature was forged on the promissory note, the Inspector of Police, C.C.B., Coimbatore should investigate the case. The said petition was dismissed by the Judicial Magistrate, aggrieved over which, the present revision is filed.

3. Heard Mr.M.Santhanaraman, learned counsel for the revision petitioner, Mr.S.Kolandasamy, learned counsel for the second respondent and Mr.S.Raja Kumar, learned Additional Public Prosecutor for the fifth respondent.

4. Both the counsels agreed to resolve the dispute in O.S.No.510 of 2017 pending on the file of V Additional District and Sessions Court, Coimbatore, and in the circumstances, the Criminal Revision Case stands disposed of.

29.04.2024 Index: Yes/No Speaking/Non-Speaking order vum To

1. The Judicial Magistrate-I, Coimbatore.

2. The V Additional District and Sessions Judge, Coimbatore.

R. HEMALATHA, J.

vum 29.04.2024