MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No. 6984 of 2020. 138 ni act proceeding is nothing but clear abuse of process of court and liable to be quashed.

[9/27, 18:09] Ravikumar Nn: Section 138 N I Act- Private Complaint and documents which were annexed along with complaint indicates, the petitioner has no legally enforceable debts to the respondent, since petitioner already paid the entire sale consideration and on receipt of the same the respondent registered sale deed in favour of the petitioner with possession certificate and also handed over apartment letter with no dues endorsements. Hence, proceeding is nothing but clear abuse of process of court and liable to be quashed.
[9/27, 18:13] Sekarreporter 1: CRL.O.P.No.6984 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.08.2020
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
CRL.O.P.No. 6984 of 2020
and Crl.M.P.No.3802 of 2020
V.Poornima
W/o.S.Vijayakumar,
Flate No.1A, A Block,
New No.41, Old No.22,
Perumal koil Street,
Devinaraya Temple Gate,
Kottur, Chennai – 600 085. … Petitioner
Vs.
Devinarayan Housing & Property
Development Pvt., Ltd.,
Rep. by its Authorized Signatory,
N.Ashok Kumar,
Having office at No.2,
Link Street, First Floor,
Kottur Gardens,
Chennai – 600 0085 … Respondent
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C.
praying to call for the records in C.C.No.4455 of 2019 on the file of the
learned FTC-II, Metropolitan Magistrate, Saidapet, Chennai and quash the
same.
For Petitioner : Mr.G.Ravikumar
For Respondent : Mr.Ravikiran
For Mr.Mothilal & Goda.
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[9/27, 18:13] Sekarreporter 1: CRL.O.P.No.6984 of 2020
herein. Therefore, the petitioner has no legally enforceable debts to the
respondent, since she already paid the entire sale consideration and on receipt
of the same the respondent registered the sale deed in favour of the petitioner
in respect of the undivided share. After sale deed, the petitioner entered into
agreement for consideration with the respondent herein. After receipt of the
entire payment, the respondent executed the possession certificate and also
handed over the apartment by letter dated 20.08.2015. Therefore, the present
proceeding is noting but clear abuse of process of Court and only to extract
more money from the petitioner, the present complaint has been lodged.
Accordingly, the present complaint cannot be sustained as against the
petitioner and it is liable to be quashed.
9. In view of the above discussion, this criminal original petition is
allowed and the proceeding in C.C.No.4455 of 2019 on the file of the learned
FTC-II, Metropolitan Magistrate, Saidapet, Chennai, is hereby quashed.
Consequently, connected miscellaneous petition is also closed.
31.08.2020
Internet : Yes / No
Index : Yes / No
Speaking / Non Speaking order
rts
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