T.Balachandran v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.OP.NO.19974 OF 2021 T.Balachandran ... Petitioner

Versus

The Inspector of Police, Madukkarai Police Station, Coimbatore District.

... Respondent PRAYER:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police not to harass the petitioner in any manner.

For Petitioner : Mr.C.D.Sugumar For Respondent : Mr.R.Vinothraja Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition is filed to direct the respondent police not to harass the petitioner in any manner. 2.The learned counsel appearing for the petitioner submits that for a civil dispute the respondent police called the petitioner and forced him to settle the issue. Hence he filed this petition.

3.The learned Government Advocate [Crl. Side] submits that the petitioner had purchased cardamom from one Kannan for a value of around Rs.14,00,000/- and paid a sum of Rs.1,00,000/- as advance. For the rest of the sale consideration, the petitioner had issued two cheques. But the petitioner could not arrange funds for the honouring of the said cheques in time and due to that the cheques got dishonoured. Thereafter too the petitioner failed to pay any money to the said Kannan for procuring Cardamom. Hence, the counter complainant had gone to the petitioner's godown, but unable to trace him. Therefore,

the said Kannan had lodged a complaint with the respondent police, which cannot be termed as harassment. 4.Mr.G.Murthy, learned counsel appearing for the counter complainant Kannan submits that the said Kannan is a poor agriculturist, who toiled his field raised Cardomom and sold cardamom. The petitioner herein procured cardamom directly from the said Kannan. Believing the sugar coated words of the petitioner that he would make payments immediately once he receive cardamom. The said Kannan thought that if the cardamom is placed in the auction centre it would take some time to get the money. Hence, the complainant not placed the cardamom in the auction centre and directly sold the same to the petitioner. 5.

He further submits that taking advantage of the need of the complainant, after receiving the cardamom the petitioner not paid balance consideration. The petitioner herein gave a address as his godown, in which the cardamom was downloaded. Initially he gave Rs.1,00,000/- and for the balance consideration he gave two cheques and informed that in the evening the entire amount will be settled. When the complainant had gone to the godown of the petitioner, there he found the petitioner had already vacated the place and the godown owner informed that the whereabouts of the petitioner is not known. 6.

The learned counsel appearing for the petitioner submits that the petitioner is an honest business man and it is purely a business transaction and he is willing to settle the issue, on instruction submit that he is ready to appear before the respondent police and to co-operate with the enquiry. 7.In view of the same, the petitioner is directed to appear before the respondent police on 20.12.2021. Thereafter, the respondent police are directed to conduct enquiry and to see that the issue between the petitioner and the complainant is resolved, if not, coercive action can be taken. 8.With the above observation, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar ah

To

1. The Inspector of Police, Madukkarai Police Station, Coimbatore District.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.C.D.Sugumar, Advocate, S.R.No.60207 +1cc to Mr.G.Moorthi, Advocate, S.R.No.60812 Crl.OP.No.19974 of 2021 KSM(CO) PM/13/12/2021