Madras High CourtCRL OP/22391/2018disposed of

R.Raja, M/A 45 Years, v. The State Rep By Its,

2018-09-18Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.09.2018

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.No.22391 of 2018 R.Raja ... Petitioner Vs.

1. State represented by its The Superintendent of Police, Office of the Superintendent of Police Kancheepuram.

2. The Deputy Superintendent of Police Maduranthagam Police Station, Maduranthagam, Kancheepuram. ...Respondent Nos.1 and 2. PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent herein to register the petitioner's complaint dated 28.05.2018 in complaint No.1032 of 2018 pending on the file of the second respondent.

For Petitioner : M/s.Vimal B.Crimson For Respondent : Ms.M.Prabhavathi Addl.Public Prosecutor (Crl.side)

O R D E R

This petition has been filed to direct the second respondent to register a case based on the petitioner's complaint dated 28.05.2018 in complaint No.1032 of 2018 pending on the file of the second respondent.

2. The learned counsel for the petitioner has submitted that one Thasal Mulk has approached the petitioner and obtained a loan of Rs.3,00,000/- and subsequently, he has issued a cheque for Rs.3,00,000/-. He further submitted that on enquiry, it was found that the said cheque not belonged to him and hence, the petitioner has lodged a complaint before the second respondent on 28.05.2018, but so far, no action has been taken. https://hcservices.ecourts.gov.in/hcservices/

3. The learned Additional Public Prosecutor has submitted that the said complaint is pending before second respondent.

4. Considering the aforesaid submissions, the second respondent is directed to forward the said complaint to the concerned police station. On receipt of the said complaint, the Inspector of concerned police station has to enquire the complaint and if the enquiry reveals any cognizable offence, he has to register a case and proceed in accordance with law. In case, the enquiry reveals only a civil dispute or non-cognizable offence, the concerned Inspector of Police has to direct the petitioner to approach the appropriate forum to get appropriate relief.

5.With the aforesaid directions, this petition is disposed of. Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar msrm To

1. The Superintendent of Police, Office of the Superintendent of Police Kancheepuram.

2. The Deputy Superintendent of Police Maduranthagam Police Station, Maduranthagam, Kancheepuram.

3. The Public Prosecutor High Court of Madras.

+1cc to Mr.B.Crimson, Advocate, S.R.No. 65173 Crl.O.P.No.22391 of 2018 GN(28/09/2018) https://hcservices.ecourts.gov.in/hcservices/