Madras High CourtCRL RC(MD)/206/2021dismissed

Leemarani v. Fathima Beevi

2022-04-20Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.R.C.(MD)No.206 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.(MD)No.206 of 2021 Leemarani ... Petitioner Vs.

1.Fathima Beevi 2.Soosan Jobu 3.Pondevi 4.Joseph Raj 5.The Inspector of Police, District Crime Branch, Nagercoil, Kanniyakumari District.

...Respondents

Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the records relating to the order passed by the Judicial Magistrate No.1, Nagercoil in Crl.M.P.No.2693 of 2020 dated 20.10.2020 and set aside the same direct the 5th respondent police to register the case. For Petitioners : Mr.A.Balakrishnan For R1,2 and 4 : No appearance For R5 : Mr.K.Sanjai Gandhi Government Advocate

O R D E R

This Criminal Revision has been filed to call for the records relating to the order passed by the Judicial Magistrate No.1, Nagercoil in Crl.M.P.No.2693 of 2020 dated 20.10.2020 and set aside the same direct the 5th respondent police to register the case.

2. Perusal of the complaint reveals that the respondents 1 and 2 borrowed a loan to the sum of Rs. 53,51,000/- and repaid a sum of Rs.48,51,000/- and for the balance amount the first respondent insisted the petitioner to execute a mortgage deed. After receipt of entire amount the respondents 1 to 4 failed to redeem the mortgage, therefore the entire proceedings are civil in nature and the court below has rightly dismissed the complaint and and this Court finds no illegality or infirmity in the order passed by the Court below. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.R.C.(MD)No.206 of 2021

3. In the result, the Criminal Revision stands dismissed. However the petitioner is at liberty to file a suit before the appropirate court for appropriate relief.

Sd/- Assistant Registrar (A.D.I) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To:

1. The Judicial Magistrate No.1, Nagercoil 2.The Inspector of Police, District Crime Branch, Nagercoil, Kanniyakumari District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

COPY TO:

The Section officer, Criminal Section, Madurai Bench Of Madras High Court, Madurai. (2 COPIES) +1 CC to M/s.K.P. NARAYANAKUMAR, Advocate ( SR-20629[F] dated 22/04/2022 ) Crl.R.C.(MD)No.206 of 2021 20.04.2022 RD(29.04.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2