Madras High CourtCRL OP/22166/2018disposed of

K.Narayanan, Aged 45 Years, v. The State Rep. By

2018-09-19Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2018

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.No.22166 of 2018 K.Narayanan ... Petitioner Vs.

The State Rep. by 1.The Superintendent of Police, Salem District, Salem.

2.The Inspector of Police Economic Offences Wing, Salem District, Salem.

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent police to register a case based on the petitioner's complaint dated 30.04.2018 pending on the file of the 2nd respondent police.

For Petitioner :

Mr.E.Kannadasan For Respondents :

M/s. M.Prabhavathi (Additional Public Prosecutor)

O R D E R

This petition has been filed to direct the second respondent police to register a case based on the complaint given by the petitioner dated 30.04.2018.

2. The learned counsel for the petitioner has submitted that the petitioner has borrowed a sum of Rs.1,00,000/- as hand loan from the proposed accused. But, subsequently, even though he has repaid the same, the accused persons are demanding more interest and also refused to return the documents. Hence, the petitioner has lodged a complaint before the second respondent dated 30.04.2018, but, so far no action has been taken. 3.The learned Additional Public Prosecutor has submitted that in the aforesaid case several documents involved and hence, the said complaint is still pending for enquiry. https://hcservices.ecourts.gov.in/hcservices/

4.Considering the aforesaid submissions, the second respondent is directed to expedite the enquiry and if the enquiry reveals any cognizable offence, then he has to register a case and proceed in accordance with law. In case, the enquiry reveals only a money transaction, he has to direct the petitioner to approach the civil Court and get appropriate relief in accordance with law.

5. With the aforesaid directions the petition is disposed of.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar smv/vsa To 1.The Superintendent of Police, Salem District, Salem.

2.The Inspector of Police Economic Offences Wing, Salem District, Salem.

3.The Public Prosecutor, Madras High Court, Chennai.

+1cc to Mr.E.Kannadasan, Advocate, S.R.No.65311 Crl.O.P.No.22166 of 2018 rrs 29/10/2018 https://hcservices.ecourts.gov.in/hcservices/