Madras High CourtCRL OP/28391/2015dismissed

Mr.S.S.Mohamed Hanifa v. The State Rep. By

2015-12-07Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.28391 of 2015 S.S.Mohamed Hanifa ... Petitioner Vs

1. The State, rep. by The Assistant Commissioner of Police Port Trust, Chennai-1.

2. The State, rep. by Inspector of police, (Crime Branch), N-3, Muthialpet Police Station, Chennai-1.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent to register the complaint dated 22.3.2014 and investigate the matter in accordance with law and file the report within the time fixed by this Court. For Petitioner :

Mr.M.A.R.Pragash For respondents :

Mr.C.Emalias, Addl.Public Prosecutor

ORDER

The present criminal original petition has been filed seeking a direction to the respondent to register the complaint dated 22.3.2014 and investigate the matter in accordance with law and file the report within the time fixed by this Court.

2. It is the case of the petitioner that he supplied steel materials to one Ramalingam to the tune of Rs.25,00,000/-. The said Ramalingam issued a cheque for Rs.25,00,000/- and requested the petitioner not to present the cheque and promised him that he would pay the amount and get back the cheque. Thereafter, he has paid only a sum of Rs.3,50,000/-. When the petitioner requested the said Ramalingam to pay the balance amount, he threatened the petitioner by engaging some hoolingans https://hcservices.ecourts.gov.in/hcservices/

and scolded him with filthy language. Hence, the petitioner lodged a complaint with the respondent police on 22.3.2014 and the second respondent conducted enquiry. During the course of enquiry, the said Ramalingam undertook to pay the amount within 30 days. But, till date, he has not paid the amount and the second respondent has also not taken any action. Hence, the petition.

3. Today, when the matter was taken up for consideration, learned Additional Public Prosecutor submitted that based on the complaint given by the petitioner, an enquiry was conducted and the same was closed as civil in nature.

4. In view of the same, the prayer that has been made in this criminal original petition cannot be granted. Hence, the present criminal original petition is dismissed. However, the petitioner is at liberty to work out his remedy in a manner known to law, if he is so advised.

sbi s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar To

1. The Assistant Commissioner of Police Port Trust, Chennai-1.

2. The State, rep.by Inspector of police,(Crime Branch), N-3, Muthialpet Police Station, Chennai-1.

3 The Public Prosecutor, High Court, Madras.

rsk(co) prk18/12 Crl.O.P.No.28391 of 2015 https://hcservices.ecourts.gov.in/hcservices/