JUDGMENT : M. NIRMAL KUMAR, J. Prayer: Criminal Revision is filed under Section 397 r/w 401 of the Code of Criminal Procedure, to set aside the order, dated 04.08.2023 in Crl. M.P. No. 28420 of 2023 by the X Metropolitan Magistrate Court at Egmore, and direct the respondent Police to register the FIR for the complaint dated 25.03.2023 lodged by the petitioner against Mrs. Ciyazkathum. 1. This Criminal Revision Cases has been filed by the petitioner to set aside the impugned order, dated 25.03.2023 passed by the learned X Metropolitan Magistrate, Egmore, Chennai in Crl. M.P. No. 28420 of 2023. 2. The petitioner lodged a complaint to the respondent Police on 25.03.2023 against one Akbar A. Ciyazkathum wife of Late V. Akbar and C.S.R. No. 458 of 2023 assigned. The complaint of the petitioner is that through her sister Lavanya, she came in contact with one Akbar and his wife Ciyazkathun who are running a real estate business in the name of A.S. Real Estate. For business needs, Akbar and his wife Ciyazkathun requested money and also promised that they would pay interest or execute sale deed for the properties available with them in Ponneri or Kalpakkam. The petitioner believing their representation, gave Rs. 30,00,000/- which is the amount available with her and also by pledging jewels. Thereafter, Akbar exeucted documents for receipt of Rs. 15,00,000/- on 24.12.2020 and also issued cheques in the name of petitioner drawn on State Bank of India for Rs. 7.5 lakhs on 20.01.2023, Rs. 15 lakhs on 10.01.2023, another Rs. 7.5 lakhs on 20.01.2023 and Rs. 3,25,000/- on 20.01.2023. The said Akbar passed away on 24.01.2023, thereafter, his wife Ciyazkathun acknowledged the receipt of money and transaction and executed document on 03.02.2023 on undertaking that she would pay total sum of Rs. 42,00,000/- within a period of three months. Though the documents titled as loan documents, it acknowledges the receipt of Rs. 42,00,000/- for the prupose of A.S. Real Estate business. After execution of document on 03.02.2023, Ciyazkathun taking advantage of her husband's death, cheated the petitioner in a deceitful manner. Despite the petitioner lodging a complaint to the respondent Police narrating all the sequence of event, the respondent Police failed to take action. 3. Though the respondent Police recorded that Ciyazkathun refused and cheated the petitioner, it also recorded that both the parties to approach the Court for their remedy. Despite the petitioner lodging a complaint to the respondent Police narrating all the sequence of event, the respondent Police failed to take action. 3. Though the respondent Police recorded that Ciyazkathun refused and cheated the petitioner, it also recorded that both the parties to approach the Court for their remedy. Thereafter, the petitioner filed a petition under Section 156(3) Cr.P.C. before the learned X Metropolitan Magistrate, Egmore, Chennai in Crl. M.P. No. 28420 of 2023. The learned Magistrate in the impugned order, dated 04.08.2023 recorded all the transactions between the petitioner and Akbar and his wife Ciyazkathun, but gives a finding that the dispute is purely on a loan transaction and does not make any ingredients of the criminal prosecution. Challenging the same, the present Criminal Revision Case has been filed. 4. The learned counsel for the petitioner submitted that from the documents executed by the Late V. Akbar on 24.12.2020, issuance of cheques and also from the undertaking given, it is seen that if the amount is not paid with interest, a sale deed would be executed in the name of the petitioner for the properties of A.S. Real Estate situated in Ponneri and Kalpakkam. After the death of Akbar, the business is being continued by Akbar's wife Ciyazkathun and brother-in-law. The execution of the documents would clearly show that in a deceitful manner, the petitioner's huge sums of money was cheated, which she mobilized from her own source and also by pledging jewels. She further submitted that the petitioner has been lead to a trap by Ciyazkathun and her husband. The documents and facts of the case clearly proved the offence of cheating committed. Despite the same, neither the respondent Police nor the Court below considered the same. 5. The learned Government Advocate (Criminal Side) appearing for the respondent Police submitted that on the complaint of the petitioner, C.S.R. No. 458 of 2023 assigned, both the parties appeared and enquiry conducted. During enquiry, Ciyazkathun not denied the transaction between the petitioner and her husband Akbar. She stated that it is her husband who received the money from the petitioner and she is not aware about the same. She admits that she is only a part of the real estate business. It is submitted that on the undertaking given by Ciyazkathun and the petitioner, they advised to approach the Court and CSR closed. 6. She stated that it is her husband who received the money from the petitioner and she is not aware about the same. She admits that she is only a part of the real estate business. It is submitted that on the undertaking given by Ciyazkathun and the petitioner, they advised to approach the Court and CSR closed. 6. Considering the submissions and on perusal of the materials along with case diary, it is seen that Ciyazkathun husband Akbar executed several documents in favour of the petitioner confirming the amount received from the petitioner. Added to it, Akbar gave undertaking that he would repay the amount to the petitioner. Ciyazkathun who also gave an undertaking that the money has been received for real estate business and would repay the same within a short period. It is seen that real estate business is continuing and the petitioner money was utilized by Akbar and his Ciyazkathun for their business activities. Since Akbar passed away suddenly on 24.01.2023, his death is taken advantage by her wife Ciyazkathun to cheat the petitioner. 7. In view of the above, this Court finds that prima facie case of cognizable offence has been made out by the petitioner and the allegations discloses the commission of cognizable offence. Hence, this Court set aside the impugned order, dated 04.08.2023 in Crl. M.P. No. 28428 of 2023 passed by the learned X Metropolitan Magistrate, Egmore, Chennai and also set asides the closure of C.S.R. No. 458 of 2023 on the file of the respondent Police. The respondent Police to register FIR and proceed with the investigation in accordance with law. 8. In the result, this Criminal Revision Case stands allowed.