Madras High Court
Natarajan vs Jayaraj on 15 July, 2014
Author: K.B.K.Vasuki
Bench: K.B.K.Vasuki
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15.07.2014 CORAM THE HONOURABLE MS.JUSTICE K.B.K.VASUKI Crl.O.P.No.18120 of 2014 and M.P.No.1 of 2014 Natarajan ... Petitioner vs. Jayaraj ... Respondent Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records in C.C.No.206 of 2011 on the file of Judicial Magistrate-II, Chidambaram and to quash the same. For Petitioner : Mr.A.Murugan ORDER
Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.
2.The petitioner herein, who is the accused in CC.No.206 of 2011 on the file of the Judicial Magistrate No.II, Chidambaram, is now before this court, for quashing the criminal proceedings initiated against him.
3.The respondent herein filed the private complaint against the petitioner herein on 10.10.2011, alleging an act of forgery on promissory note, on the basis of the findings given by the Civil Court in O.S.No.336 of 2006, which was filed by the petitioner herein for recovery of the amount of Rs.90,555/- allegedly borrowed by the respondent herein, on the strength of the promissory note dated 01.06.2004. The suit was dismissed on the ground that the petitioner failed to prove the signature of the respondent in the promissory note and the loan transaction on the basis of such promissory note. As against the Judgment and Decree made in OS.No.336 of 2006, no further appeal was preferred by the petitioner herein, as such, the Judgment and decree made in the Civil Suit became final and binding on the parties. On the strength of the same, the respondent/defendant has come forward with the private complaint as if the promissory note was forged and created by the petitioner herein to suit the case of the petitioner in the suit. That being the nature of the allegations raised in the complaint against the petitioner, the petitioner has not made out any valid ground to quash the proceedings at this stage.
4.In the result, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petition is closed.
15.07.2014 arr To The Judicial Magistrate-II, Chidambaram K.B.K.VASUKI,J.
arr Crl.O.P.No.18120 of 2014 15.07.2014