The Court quashed a criminal complaint alleging an offence of cheating against petitioners who had guaranteed a third party's loan repayment, holding that mere guarantee without deception does not constitute cheating and amounts to abuse of process.
The criminal complaint is quashed; the connected miscellaneous petitions are closed.
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Crl.O.P.No.30942 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.04.2023
CORAM
THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.30942 of 2019 and Crl.M.P.No.16806 & 16807 of 2019
1.Kuppu Mani 2.Shankar
... Petitioners
Vs.
PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code seeking to call for the records pertaining to the CC No.262/2014 pending on the file of Judicial Magistrate-II Dharmapuri and quash the same.
For Petitioners : M/s.M.Selvam For Respondent : Mr.A.Damodaran,Addl.Public Prosecutor [R.1] : No appearance [R.2]
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O R D E R
The petition is filed to quash the final report for the offence under Section 420 IPC.
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impugned final report there are allegations which have to be adjudicated only before the Trial Court and prayed for dismissal of the quash petition.
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Consequently, the connected Miscellaneous Petitions are closed.
28.04.2023
Index : Yes/No Internet : Yes/No Neutral Citation :Yes/No shr
To
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Crl.O.P.No.30942 of 2019
SUNDER MOHAN. J,
shr
Crl.O.P.No.30942 of 2019 and Crl.M.P. No.16806 & 16807 of 2019
28.04.2023
2 issues framed by the court
Whether the allegations against the petitioners of merely guaranteeing the repayment of a loan without practicing deception constitute the offence of cheating.
Whether the prosecution against the petitioners amounts to an abuse of the process of law.
1 provisions across 1 enactments
Kuppu Mani
Shankar
The Inspector of Police, Adyamankottai Police Station, Dharmapuri District
Gopal
Sunder Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
