SURESH KUMAR JAIN Vs. GE MONEY FINANCIAL SERVICE LTD

JUDGEMENT

(1.) THIS petition seeks to quash the proceedings in C.C. No. 7718 of 2007 on the file of the learned III Metropolitan Magistrate, George Town, Chennai wherein the petitioner stands accused for offences under Sections 406 and 420 IPC. The undisputed facts are that the respondent / complainant is a company affording financial services and the petitioner has availed loan of Rs.4 lakhs therefrom. The petitioner has defaulted in effecting payment of instalments. A complaint has been filed inter alia alleging that the sum advanced was towards purchase of used car, that loan availed by the petitioner was not used for such purchase and thereby complainant has been cheated.

(2.) I have heard the learned counsel for the petitioner.

(3.) IT is apparent to this Court that what is essentially a civil dispute is being given colour of a criminal offence. The contention of the learned counsel for the petitioner stands uncontroverted and in the circumstances are accepted. Accordingly, the petition is allowed and the proceedings in C.C. No. 7718 of 2007 on the file of the learned III Metropolitan Magistrate, George Town, Chennai are quashed. Consequently, connected miscellaneous petition is closed.