2014 INSC 0880
31/10/2015    N. SOUNDARAM Vs. P.K. POUNRAJ

N. SOUNDARAM Vs. P.K. POUNRAJ
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N. SOUNDARAM      LAWS(SC)20141070                                       Appellant
P.K. POUNRAJ   Supreme Court Of India                                Respondents
              Decided on October 17,2014

                             VERSUS

 JUDGEMENT

  N.V. Ramana, J.  ( 1. ) LEAVE granted.
  ( 2. ) THIS appeal is preferred against the judgment and order dated 25 September, 2012
  of the High Court of Judicature at Madras whereby learned Single Judge of the High Court
  allowed the appeal of the Respondent No. 1 (accused) filed Under Section 482, Code of
  Criminal Procedure quashing the final report filed by the police against him in Crime No.
  889 of 1996 pending before the learned Judicial Magistrate III, Salem. The brief facts of the
  case, sans unnecessary details, are that on 20 September, 1996 the Appellant herein
  lodged a complaint with the Hasthampatty Police Station, Salem, Tamilnadu to the effect
  that on the preceding day at about 11 a.m. about 25 persons, sent by the accused  
  Respondent No. 1, armed with deadly weapons entered her residence, forcibly tied her and
  her mother in law and locked them up in a room. Then they went into the office portion of
  her husband in the same premises and by threatening the staff at knife point, took away
  important documents pertaining to some transactions between her husband and the
  accused (Respondent No. 1). It was also alleged that the assailants had taken away some
  files relating to other clients of her husband.
  ( 3. ) FROM the complaint, it appears that the Respondent No. 1 owns a quarry of granites
  and husband of the Appellant is an Auditor by profession and also deals with quarrying
  business. At the relevant time there were business transactions going on between them out
  of which, the Respondent No. 1 owed a sum of Rs. 36,87,933/  to the husband of the
  complainant. Since the accused was repeatedly asked to repay the debt amount, enmity
  erupted between the complainant's husband and the Respondent No. 1. 

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