CHELLAMMAL Vs. S KRIHNAMOORTHY

JUDGEMENT

(1.) THE accused in C.C.No.120/2007 pending on the file of the learned Judicial Magistrate, Dharapuram is the petitioner herein. THE above said case was instituted on private complaint by the respondent herein for an alleged offence punishable under Section 138 of the Negotiable Instruments Act. THE petitioner has come forward with the present petition under Section 482 Cr.P.C for quashing the above said criminal case instituted against her by the respondent herein.

(2.) THE arguments advanced by Mr.J.R.Prabhakaran, learned counsel for the petitioner and by Mr.S.Ramajayam, learned counsel for the respondent were heard. THE documents produced on either side were also perused.

(3.) IT is the further contention of the petitioner that based on the agreement for sale obtained only as a security for due repayment of the amount borrowed by the son-in-law of the petitioner and his father, the brother of the respondent has instituted a case for specific performance of contract in O.S.No.275/2008 on the file of the Sub-court, Karur. The petitioner's further contention is that the said facts will prove the abuse of process of law and abuse of process of court by the respondent herein and hence the criminal case instituted against her in the above said calendar case should be quashed.