S.L.O. Industries Limited v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.02.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.1974 of 2016 S.L.O.Industries Limited Represented by its Executive Director Mr.Rakesh No.447/265, 2nd Floor, Poonamallee High Road Aminjikarai, Chennai-29.

... Petitioner Vs.

1.The Commissioner of Police Greater Chennai No.132, E.V.K.Sampath Road, Vepery Chennai-7.

2.The Inspector of Police Central Crime Branch EDF-1, Team-II, Chennai-7.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondent to register a complaint filed by the petitioner dated 11.09.2015 and file a final report within the time fixed by this Court.

For Petitioner : M/S.Swaminathan Law Associates For Respondent : Mr.C.Emalias Additional Public Prosecutor

O R D E R

The petitioner has come forward with this petition seeking for a direction to the respondent to register a case pertaining to the petitioner's complaint dated 11.09.2015 and to file a final report.

2.The learned counsel for the petitioner submitted that the petitioner had entered into a sale and purchase agreement with M/S.Green Globe Re-Melts/proposed accused on 23.11.2009 for the total value of USD 667,000 (a total value of United States Dollars Six hundred and sixty seven thousand). Since the proposed accused has neither supplied goods nor repaid the money, the petitioner has lodged the complaint before the first respondent on 11.09.2015. But the respondents, without https://hcservices.ecourts.gov.in/hcservices/

registering the case and examining the petitioner, closed the petitioner's complaint as civil in nature. Hence, the petitioner has come forward with this petition for the above stated relief.

3.The learned Additional Public Prosecutor on instructions, would submit that complaint lodged by the petitioner was enquired earlier and it was closed as civil in nature. So the petitioner can very well approach the Civil Court for violation of the conditions in contract. Hence, he prayed for dismissal of this petition.

4.Considering the rival submissions made on both sides and perusing the typed set of papers, it reveals that a sale and purchase agreement was entered into between the petitioner and the proposed accused on 23.11.2009. In clause-5 of the said agreement, unit price, terms of delivery and total value have been mentioned. In clause-11, under Arbitration, it was stated that if any dispute arose between the parties and if any of the conditions mentioned in the agreement is violated, the parties must move before the arbitration. Further, in that clause, it was specifically mentioned as "principles of law generally recognised in international trade as applicable to international contract". In such circumstances, the complaint lodged by the petitioner is purely civil in nature. 5.In the result, the Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(CCC) //True Copy// kj Sub Assistant Registrar To 1.The Commissioner of Police Greater Chennai No.132, E.V.K.Sampath Road, Vepery Chennai-7.

2.The Inspector of Police Central Crime Branch EDF-1, Team-II, Chennai-7.

3.The Public Prosecutor High Court, Chennai.

+1cc to M/S.Swaminathan Law Associates, Advocate, S.R.No.6578 Crl.O.P.No.1974 of 2016 MP(CO) CA(12/02/2016) https://hcservices.ecourts.gov.in/hcservices/