In this criminal revision, the Madurai Bench held that allegations regarding a failed loan repayment and dishonoured security cheques are civil in nature. Consequently, no offence is made out.
The Criminal Revision Petition was dismissed as no infirmity or illegality was found in the order dismissing the complaint.
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.
Crl.R.C.(MD)No.446 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.04.2022
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.R.C.(MD)No.446 of 2021
P.Oliver Robersan ... Petitioner
Vs. 1.The Inspector of Police, Kottar Police Station, Kottar, Kanyakumari District. 2.K.Neela Narayanan ... Respondents
Prayer: This Criminal Revision Petition filed under Section 397 r/w 401 Cr.P.C. to call for the records pertaining to the order dated 08.09.2020 passed in Crl.M.P.No.2886 of 2020 on the file of the learned Judicial Magistrate No.I, Nagercoil and set aside the same as illegal.
For Petitioner : Mr.N.Pragalathan For R1 : Mrs.M.Aasha Government Advocate (Crl.Side) For R2 : Mr.B.Brijesh Kishore
ORDER
The Criminal revision petition has been filed seeking to set aside the order passed in Crl.M.P.No.2886 of 2020, by the learned Judicial Magistrate No.I, Nagercoil, thereby, dismissed the complaint filed for direction under Section 156(3) of Cr.P.C.
2.On perusal of the complaint lodged by the petitioner revealed that the second respondent borrowed a sum of Rs.3,87,800/- to redeem the jewels, which were already pledged in Federal Bank. However, he failed to repay the said amount. Thereafter, he pledged his motor cycle and also issued two blank cheques as security. However, the respondent failed to make a payment.
3.In view of the above, the entire allegations are civil in nature and no offence is made out as against the second respondent. https://hcservices.ecourts.gov.in/hcservices/
Crl.R.C.(MD)No.446 of 2021
4.Therefore, the Court below rightly dismissed the complaint and this court finds no infirmity and illegality in the order passed by the Court below. Accordingly the criminal revision petition is dismissed.
Sd/Assistant Registrar (AD II)
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
lr
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The Inspector of Police, Kottar Police Station, Kottar, Kanyakumari District.
2 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.R.C.(MD)No.446 of 2021 27.04.2022
SS/26.05.2022 : 2P/3C
1 issue framed by the court
Whether the allegations regarding the failure to repay a borrowed sum and pledged securities disclose a criminal offence or are purely civil in nature.
2 provisions across 1 enactments
P.Oliver Robersan
The Inspector of Police, Kottar Police Station
K.Neela Narayanan
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
