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Madras High CourtCRL OP/1731/2022disposed of

Manapuram Finance Limited v. Superintendent Of Police

2022-01-28Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.1731 of 2022 M/s.Manapuram Finance Ltd., No.76-83, Ram Complex, 1st floor, Karuppamans Street, S.P.Pudhur, Paramathi Road, Opp. Chellamba Gounder Park, Namakkal District, Pin-637 001.

Rep by its Authorized signatory Mr.M.Maniyarasan ...

Petitioner

Versus

1.Superintendent of Police, Peramballur.

2. Inspector of Police, Erumapatty Police Station.

...

Respondents PRAYER: Criminal Original Petitions have been filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd Respondent police to register a case on the basis of the complaint given by the petitioner dated 07.12.2021 against the above said person named in the complaint and investigate into the matter.

For Petitioner : Ms.Priyanka for Ms.K.Sahithya For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

This criminal original petition has been filed to direct the 2nd Respondent to register a case on the basis of the complaint given by the petitioner dated 07.12.2021 against the above said person named in the complaint and investigate into the matter.

2.The grievance of the petitioner is that the petitioner finance company is extending several loans under various schemes. One of them is Hypothecation to vehicles. The petitioner is a registered Non Banking Finance Company. In course of their business, one Mr.Prabhu and his mother Mrs. https://hcservices.ecourts.gov.in/hcservices/

Lakshmi had taken a vehicle loan for purchase of the vehicle bearing registration No.TN 46 D 9207 (Model:2214). The vehicle was under hypothecation and the relevant vehicle documents are with the complainant. That being the case, the accused committed defaults in repayment of loan on due dates. Despite repeated requests the accused neither repaid the due amounts nor surrendered the asset belonging to the petitioner and they are trying to alienate the vehicle. Hence, the petitioner lodged a complaint before the second respondent police on 07.12.2021 and first respondent on 11.12.2021 along with the relevant documents. The respondent police, for the reason best known, have not chosen to take action on the said complaint till date. Hence, this petition.

3.The learned Additional Public Prosecutor submits that the respondents have not received the complaint alleged to have been sent by the petitioner.

4.From the perusal of the typed set of papers and documents, prima facie offence is made out. In view of the same, the petitioner is directed to appear before the second respondent on 08.02.2022, along with copy of the complaint dated 07.12.2021 as well as the relevant documents and on receipt of the same, the second respondent is directed to conduct enquiry and register an FIR and to take appropriate action.

5.With the abovesaid direction, this criminal original petition is disposed of.

Sd/- Assistant Registrar (CO) //True Copy// Sub Assistant Registrar arr To 1.The Superintendent of Police, Peramballur.

2. The Inspector of Police, Erumapatty Police Station.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Sahithya, Advocate, S.R.No.5303 CRL.O.P.No.1731 of 2022 KSM(CO) GN(01/02/2022) https://hcservices.ecourts.gov.in/hcservices/