Petitioner sought quashing of FIR in property/loan fraud matter. Court held prima facie materials suggest potential criminal element including bank misappropriation and collusion. Petition dismissed with direction to police to complete investigation.
Police directed to complete investigation and file final report within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.04.2022
CORAM:
THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.4520 of 2020 and Crl.MP.No.2594 of 2020
M.Jayachandran .. Petitioner
Vs.
(R3 impleaded as per Order in Crl.MP.No.3018 of 2022 in Crl.OP.No.4520 of 2020 dated 17.03.2022) .. Respondent
PRAYER: Criminal Original Petition has been filed under Section 482 of Cr.P.C praying to call for the records in Cr.No.1 of 2020 pending on the file of the Inspector of Police, District Crime Branch, Villupuram and quash the same.
For Petitioner : Mr.V.S.Senthil Kumar For Respondents :
For R1 : Mr.Santhosh,
Government Advocate (Crl.Side) For R2 : Ms.J.Anitha (Party-in-Person) For R3 : Mr.R.Paramasivam
ORDER
This is the petition filed for quash in respect of the complaint given by the second respondent alleging that she has been cheated by the petitioner herein in-respect of agreement to sell a Villa. The petitioner/accused is before this Court to quash the FIR registered based on the above complaint in Crime No.1 of 2020 on the ground that it is purely a civil transaction wherein the defacto complainant initially booked two villas with the petitioner herein and thereafter, she made a loan arrangement with the State Bank of India, Perungudi Branch, Chennai for a sum of Rs.57,00,000/- as against the total consideration of nearly a sum of Rs.79,00,000/- for two villas. Based on the arrangement between the defacto complainant and the State Bank of India, an initial payment of Rs.39,26,650/- was released by the bank in favour of the petitioner. The defacto complainant on her part paid a sum of Rs.3,00,000/-. Thereafter, neither she could pay further money nor the Bank released any further money. In such circumstances, she gave a request letter to cancel the booking of the Villa No.3 and retain Villa No.12 and sought execution of the sale deed for the consideration already passed to the petitioner herein. Accepting her requests, the petitioner returned the excess amount of Rs.3,25,000/- to the petitioner and prepared to execute the sale deed for the Villa No.12, all of sudden, the defacto complainant turn back and refused to get the sale deed for Villa No.12 registered in her name and has given a complaint.
Banks by misappropriation after availing the loan. Initially the petitioner and the defacto complainant had projected as if they are going to be transaction of two villas namely Villa Nos.3 and 12 total value of around Rs.80,00,000/-. For the said transaction the Bank agreed to advance 80% of the value as loan and released the first installment of Rs.39,26,640/- directly to petitioner herein who is the builder.
Sd/Assistant Registrar(co)
//True Copy//
Sub Assistant Registrar
pbl/vv
COPY TO:
Retail Assets Central Processing Centre, (RACPC) 41952 and 41952-A,
Old Mahabalipuram Road, Nehru Nagar, Perungudi, Chennai-600 096.
2.The Section Officer, Criminal Section,
High Court,Madras.
+1 cc to Mr.R.Paramasivam, Advocate Sr.NO. 27726
Crl.OP.No.4520 of 2020 and Crl.MP.No.2594 of 2020
SJ(CO) A.SK(05/05/2022)
1 issue framed by the court
Whether the complaints against the petitioner regarding alleged fraud in villa sale and loan misappropriation constitute a civil dispute or attract criminal action at the FIR stage.
M.Jayachandran
Inspector of Police, District Crime Branch-Villupuram
J.Anitha
State Bank of India
Dr. Justice G.JAYACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
