IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 05.06.2017 CORAM
THE HONOURABLE MR.JUSTICE M.V.MURALIDHARAN Crl.O.P.No.12995 of 2011
and M.P. No.1 of 2011 T.Sumathi ..Petitioner vs.
J. Udayakumar ..Respondent Prayer:- Criminal Original Petition is filed under Section 482 Cr.P.C., prays to call for the records in C.C.No.536 of 2009 on the file of the Judicial Magistrate No.VI, Coimbatore and quash the proceedings therein.
For Petitioner :Mr.C.S.Dhanasekaran For Respondent :Mr.M.Krishnamoorthy ORDER This Criminal Original Petition has been filed challenging the private complaint filed by the respondent for the offences under Sections 120(B), 406 and 420 of IPC in C.C.No.536/2009 on the file of the Judicial Magistrate No.VI, Coimbatore.
2. Since there was an agreement between the Petitioner and the respondent dated 06.07.2006, without resorting to the civil proceedings, this respondent/defacto complainant has approached the Judicial Magistrate No.VI, Coimbatore and filed the private complaint, which is not at all maintainable.
3. As per the sale agreement, the respondent/complainant has a right to approach the Civil Court either for recovering the amount already paid or for the execution of the sale deed. Therefore, this private complaint pending in C.C.No.536 of 2009 is not maintainable. Accordingly, the same is quashed. The respondent/defacto complainant is given liberty to approach the competent Civil Court for enforcing the sale agreement.
In the result, the criminal original petition is allowed.
Consequently, connected miscellaneous petition is closed.
05.06.2017
Speaking / Non-speaking order Index : Yes/No gv/rkp To The Judicial Magistrate No.VI, Coimbatore.
M.V.MURALIDHARAN., J.
gv/rkp Crl.O.P.No.12995 of 2011 and M.P. No.1 of 2011 05.06.2017