V.Devendran v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.03.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Criminal Original Petition No. of 4190 of 2016 V.Devendran : Petitioner Vs.

1. The State rep. by The Deputy Commissioner of Police, Ambattur Range, Chennai.

2.The State rep. by The Inspector of Police (Crime), T-14, Mangadu Police Station, Chennai.

: Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the second respondent to register an FIR based on the petitioner's complaint dated 21.01.2016 in CSR.No.210 of 2016 issued by the second respondent. For Petitioner :Mr.S.Sugendran For Respondents :Mr.C.Emalias Addl. Public Prosecutor

O R D E R

The petitioner has come forward with this petition seeking for a direction, directing the second respondent to register an FIR based on the petitioner's complaint dated 21.01.2016 in CSR No.210 of 2016 issued by the second respondent.

2. The learned counsel for the petitioner submitted that even though the complaint dated 21.01.2016 has been received by the 2nd respondent in CSR No.210 of 2016, he has not shown any interest to enquire the matter and to register an FIR. Hence, the petitioner has come forward with this petition for the above stated relief.

3.At this juncture, the learned Additional Public Prosecutor would submit that on the basis of the complaint given by the petitioner, a case has been registered in CSR No.210 of 2016 and both the parties were called for enquiry and they are not agreed for compromise. He further submitted that the counter https://hcservices.ecourts.gov.in/hcservices/

petitioner has also stated that the petitioner lent some amount to him and it is the money dispute. Hence, the case was closed on 18.02.2016 and the closure report has also been furnished today.

4.On perusal of the typed set of papers, it reveals that the petitioner has made a complaint dated 21.01.2016 to the respondents wherein he has specifically stated that the counter petitioner has received a sum of Rs.15,00,000/- for his business purpose with an undertaking to repay the same within a period of one week, by availing OD facilities from the bank. Therefore, the petitioner has lent a sum of Rs.15,00,000/- to the counter petitioner by way of cheque transfer. It is also the money dispute.

6.In view of the same, this Criminal Original Petition is closed with liberty to the petitioner to approach the appropriate forum, to avail alternate remedy. -s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar kal To

1. The State rep. by The Deputy Commissioner of Police, Ambattur Range, Chennai.

2.The State rep. by The Inspector of Police (Crime), T-14, Mangadu Police Station, Chennai.

3.The Additional Public Prosecutor, Madras High Court, Chennai.

Crl.O.P.No.4190 of 2016 aa04/04/2016 https://hcservices.ecourts.gov.in/hcservices/