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Madras High CourtCRL OP/14740/2021dismissed

S. Karapaga Arasu v. The Inspector Of Police

2021-09-23Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.14740 of 2021 S.Karapaga Arasu

...Petitioner/Accused

Versus

1. The Inspector of Police R-1, Mambalam Police Station, Chennai - 600 017.

(Cr.No. Not known of 2021)

2. N.Thangapandi

...Respondents/Complainant

(2nd respondent is impleaded as per Order dated 23.09.2021 in Crl.M.P.No.9463 of 2021 in Crl.OP 14740/2021) PRAYER: Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police not to harass the petitioner.

For Petitioners :

Mr.A.E.Ravichandran For Respondent : Mr.A.Damodaran No.1 Additional Public Prosecutor For Respondent : Mr.S.Ganesan No.2

ORDER

The criminal original petition has been filed to direct the respondent police not to harass the petitioner. 2.The petitioner is doing the business of real estate having office at T.Nagar for the past 10 years. Through his friend Jayavel, the petitioner borrowed a sum of Rs.6,00,000/- from the second respondent, defacto complainant on 11.12.2020. For the said borrowed amount, the petitioner gave pre dated cheques as security. Now, the second respondent demanded the borrowed money in one lumpsum and the petitioner sought some time for repayment. Hence, the second respondent gave a false complaint, for which, the petitioner is harassed in the guise of enquiry. https://hcservices.ecourts.gov.in/hcservices/

3. The learned Additional Public Prosecutor submits that the petitioner borrowed a sum of Rs.6,00,000/- from the second respondent and not returned the same. Hence, the second respondent lodged a complaint and a case in Crime No.677 of 2021 registered for offences under Sections 406 & 420 IPC. In this regard, the petitioner is called for enquiry by the respondent police.

4.In view of the above, this Court finds that calling the petitioner for enquiry cannot be termed as harassment. Accordingly, the criminal original petition is dismissed. Sd/- Assistant Registrar(CS II) /True Copy// Sub Assistant Registrar sms/gv To

1. The Inspector of Police R-1, Mambalam Police Station, Chennai - 600 017.

(Cr.No. Not known of 2021)

2. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.14740 of 2021 MG(CO) LS(13/10/2021) https://hcservices.ecourts.gov.in/hcservices/