Madras High CourtCRL OP/5545/2016closed

V.Viswanathan v. The Commissioner Of Police

2016-06-10Honourable Mr Justice P. N. Prakash2 pages

THE HIGH COURT OF JUDICATURE AT MADRAS DATED 10.06.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.5545 of 2016 V.Viswanathan ... Petitioner Vs 1.The Commissioner of Police, Chennai City, Chennai.

2.The Deputy Commissioner of Police, Central Crime Branch II, Chennai Police, Vepery, Chennai 600 007.

3.The Superintendent of Police, District Police Office, Kanchipuram District, Kanchipuram.

4.The Inspector of Police, Kelambakkam Police Station, Kelambakkam.

... Respondents Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the 4th respondent police to register the complaint on 02.11.2015.

For Petitioner :Mr.A.Ramkumar for M/s.SURANA AND SURANA For Respondents :Mr.C.Emalias Additional Public Prosecutor

ORDER

Seeking a direction to the 4th respondent to register the complaint dated 02.11.2015, the petitioner has come up with this petition.

2.On reading of the complaint dated 30.10.2015, it is seen that the petitioner is running a Company by name Apex Viswa Engineering Services Private Limited, Chennai, which has some contract work for M/s.Tecpro Infrastructures Private Limited and a https://hcservices.ecourts.gov.in/hcservices/

sum of Rs.59,38,208/- is due to the petitioner. Even in the said complaint, the petitioner has stated that the opposite party/Company has paid Rs.16,00,000/- and Rs.15,00,000/-, totaling a sum of Rs.31,00,000/- and they did not pay the balance amount of Rs.28,38,208/-. It is alleged by the petitioner that he is not able to approach the owners of the opposite party and therefore, he sought for a direction to register the complaint. In view of the nature of the allegations, no positive direction can be issued for registering a case and therefore, this Criminal Original Petition is closed, with liberty to the petitioner to workout his remedies before the Civil Court in the manner known to law.

Sd/- Asst.Registrar (CS VII ) /true copy/ Sub Asst. Registrar mps To 1.The Commissioner of Police, Chennai City, Chennai.

2.The Deputy Commissioner of Police, Central Crime Branch II, Chennai Police, Vepery, Chennai 600 007.

3.The Superintendent of Police, District Police Office, Kanchipuram District, Kanchipuram.

4.The Inspector of Police, Kelambakkam Police Station, Kelambakkam.

5.The Public Prosecutor, High Court, Chennai.

1 cc to M/s. Surana and Surana, Advocate, Sr. 31793 Crl.O.P.No.5545 of 2016 SVI (CO) kk 27/6 https://hcservices.ecourts.gov.in/hcservices/