IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 30.04.2010 CORAM THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.O.P.No.21138 of 2007 and M.P.Nos.1 of 2007 and 1 of 2008 1.N.Karuppasamy 2.K.Petchiammal 3.K.Prabhakaran .. Petitioners Vs M.Shanmugam .. Respondent Criminal Original Petition filed under section 482 of Criminal Procedure Code praying to call for the records relating to the private complaint filed in C.C.No.177 of 2007 on the file of the learned Judicial Magistrate Court I, Erode and quash the same. For Petitioners : Mr.M.Venkatesan For Respondent : Mr.M.Jayaraman O R D E R The petitioners seek to quash proceedings in C.C.No.177 of 2007 on the file of the learned Judicial Magistrate Court I, Erode. 2.In such case, the petitioners stand accused of offences under Sections 420 and 468 IPC. An agreement was entered into between the 1st petitioner and the respondent/complainant, whereunder, the 1st petitioner agreed to fell trees and transport the same to the respondent/complainant. A total sum of Rs.5,00,000/- had been paid on two different dates by the respondent/complainant to the 1st petitioner. A further sum of Rs.20,000/- was forwarded through the respondent/complainant account at Erode to the 1st petitioner towards transport expenses, on the representation of the 3rd petitioner that on receipt of the sum, the timber would be sent to the respondent/complainant. Neither the timber has been forwarded to the respondent/complainant nor had the amount paid by him been repaid. 3.The respondent/complainant has informed that in a panchayat held in the presence of elders, the 1st petitioner undertook to repay the entire sum and issued two cheques for Rs.1,00,000/- and Rs.1,40,000/- respectively on 06.01.2007 and 16.01.2007. The 1st petitioner undertook to repay the remaining sum of Rs.2,80,000/- https://hcservices.ecourts.gov.in/hcservices/ before the first week of February 2007. On presentation, the cheques were returned unpaid and on causing enquiry, the respondent/complainant was informed that such cheques were issued by the 1st petitioner on an account held by his wife, the 2nd petitioner and that paper publication has been made in the Tamil daily 'Dinathanthi' on 04.01.2007 to the effect that his wife had lost the cheques while travelling in a bus. Such paper publication was shown to the respondent/complainant. It is only then that the respondent/complainant came to know that he had been defrauded. 4.Informing of a notice issued by the respondent/complainant to the accused on 06.02.2007 and the false reply caused thereto on 12.02.2007 by the accused, the complaint has been filed. 5.The learned counsel for the petitioners submits that even if read, as a whole, the complaint would not disclose commission of any offence. The matter between the parties was merely a civil dispute which was being given criminal colour by the respondent. The complaint neither disclosed commission of offence of cheating or commission of an act of forgery for such purpose. 6.The learned counsel would also submit that no cause of action arose within the jurisdiction of the Court at Erode. The very complaint does not inform of any cause of action having arisen at Erode and there is nothing more than a statement of the respondent/complainant that he was a resident at Erode. The entire transaction has taken place at Theni and the complaint had been lodged before a Court not having jurisdiction. 7.The learned counsel for the respondent would state that under the guise of entering into an agreement, the 1st accused had induced the respondent/complainant to part with sizeable sums of money. The intent of cheating would be clear from the fact that in issuing cheques in favour of his client, the 1st accused had used cheque leaves relating to the account of the 2nd accused. The 2nd accused is party to the wrongful action as was evident from the fact that a publication has been caused on her behalf informing the loss of the cheque book, cheque leaves of which had been used by the 1st petitioner. The 3rd petitioner, on the representation that on payment of Rs.20,000/-, the timber would be supplied to the respondent/complainant had caused the respondent/complainant to forward such sum to the accused. 8.Learned counsel further submits that a sum of Rs.20,000/- had been transferred from an account at Erode, the cheques issued by the 1st petitioner had been presented for payment at Erode and the very stamp paper on which the agreement between the 1st petitioner and the respondent was entered into would show that the same had been purchased at Erode. Much had transpired at Erode and it would be wrong to submit that no cause of action arose at Erode. https://hcservices.ecourts.gov.in/hcservices/ 9.I have considered the rival submissions and perused the materials available on record. 10.Given the facts and circumstances of the case, this Court is not inclined to accept the petition for quash. It would be for the 1st petitioner to prove his innocence in the course of trial and to the effect that while entering into an agreement for sale, he had no intention to deceive the respondent/complainant. Similarly, the petitioners 2 and 3 would also to prove their innocence only at the trial. 11.It sufficiently has been demonstrated that part of the cause of action arose at Erode and that the filing of the complaint at such place is not bad in law. As the dispute between the parties also has civil facets, the recent decision of the Honourable Apex Court which permits settlement of disputes between parties may be relied upon, if and when, the complainant and accused party are able to settle their disputes and arrive at a mutually acceptable agreement. 12.For the above said reasons, the Criminal Original Petition shall stand dismissed. Consequently, the connected miscellaneous petitions are closed. 13.This Court finds that the case has been pending since the year 2007. The lower Court is directed to dispose of the case before it in C.C.No.177 of 2007 within a period of six months from the date of receipt of a copy of this order. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar gm To The learned Judicial Magistrate Court I, Erode. 1 cc To Mr.M.A.Ajmal Khan, Advocate, SR.29848. 1 cc To Mr.M.Jayaraman, Advocate, SR.29415. Crl.O.P.No.21138 of 2007 and M.P.Nos.1 of 2007 and 1 of 2008 LA(CO) RVL 10.05.2010 https://hcservices.ecourts.gov.in/hcservices/