Madras High CourtCRL OP(MD)/410/2018disposed of

S.Kumaresh Lal, v. The Superintendent Of Police,

2018-01-10Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2018

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.410 of 2018 S.Kumaresh Lal ... Petitioner -vs1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Panagudi Police Station, Tirunelveli District.

... Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the second respondent to register the case, based on the petitioner's complaint dated 10.12.2017.

For Petitioner : Mr.R.Balakrishnan For Respondents : Mr.Prabu Ramachandran Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed by the petitioner, to direct the second respondent to register a case, based on the complaint given by the petitioner dated 10.12.2017. 2.The learned counsel appearing for the petitioner has submitted that the petitioner borrowed a sum of Rs.21,50,000/-, from one, W.Ramasamy and agreed to repay the same within a period of four years together with interest at the rate of 3 % for a month in the year 2014. He further submitted that subsequently, even though, the petitioner has paid a sum of Rs. 30,00,000/-, the said, W.Ramasamy is demanding more interest and refused to return the cheques, which were issued by the petitioner. 3.The learned Government Advocate (Crl.side) has submitted that the complaint is still pending for enquiry. 4.Considering the aforesaid submissions, the second respondent is directed to enquire the matter by summoning the petitioner. The petitioner should produce all relevant documents before the second respondent to show that what was the amount he borrowed and https://hcservices.ecourts.gov.in/hcservices/

what was the amount repaid. After receipt of the said documents, the second respondent should enquire the matter and if the enquiry reveals any cognizable offence is made out, then he has to register a case and proceed further in accordance with law. 5.With the aforesaid observations, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Panagudi Police Station, Tirunelveli District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to M/S.R.Balakrishnan, Advocate SR.No. 42035 CRL.O.P.(MD)No.410 of 2018 10.01.2018.

sss JM/SV MMS/SAR 2/22.01.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/