Madras High CourtCRL OP/29725/2015disposed of

V.Sakthivel v. State Rep. By

2015-12-15Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.29725 of 2015 V.Sakthivel ... Petitioner Vs State Represented by The Inspector of Police, Madhavaram Milk Colony Police Station.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to direct the first respondent to register the complaint dated 12.06.2015 lodged by the petitioner with the respondent police.

For Petitioners :

Mr.T.Ramkumar For respondent :

Mr.C.Emalias Additional Public Prosecutor

O R D E R

The present criminal original petition has been filed to direct the first respondent to register the complaint dated 12.06.2015 lodged by the petitioner with the respondent police. 2.The petitioner has submitted that one Chelladurai, son of Saragunam, was introduced to the petitioner through his relative namely, S.N.Thiyagarajan, by stating that he is doing business under the name of "Annai Stores" and he is in urgent need of Rs.15,00,000/- in order to develop his business activities. Hence, the petitioner gave Rs.15,00,000/- and the said chelladurai promised that he will repay the amount within three months interest, but failed to do so. When the petitioner asked for repayment, he issued a cheque drawn on ICICI Bank for a sum of Rs.15,00,000/- and asked the petitioner to come to his shop before presenting the cheque. On 12.06.2015 at 3.

30 p.m., when the petitioner approached the said Chelladurai, he threatened the petitioner with dire consequences. Hence, the petitioner lodged a complaint on 12.06.2015. Since no action was taken so far, the present petition has been filed. https://hcservices.ecourts.gov.

3. When the matter is taken up for consideration, learned Additional Public Prosecutor submitted that the matter is purely civil in nature and in order to give a criminal colour, the allegation of being threatened was introduced. He further submitted that the petition enquiry was conducted and after completion of enquiry, the complaint given the petitioner was closed.

4. Since the complaint given by the petitioner has been closed, the prayer sought for the petitioner has become infructuous. Hence, the criminal original petition stands dismissed. However, the petitioner is at liberty to work out his remedy in the manner known to law.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar vsi To 1.The Inspector of Police, Madhavaram Milk Colony Police Station.

2.The Public Prosecutor, High Court, Madras.

+ 1 cc to M/s. T. Ramkumar, Advocate SR.67500 Crl.O.P.No.29725 of 2015 PPA(CO) EU 06.1.16 https://hcservices.ecourts.gov.in/hcservices/