Radhakrishnan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.06.2018

CORAM

THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR Crl.O.P.(MD)No.7482 of 2018 Radhakrishnan ... Petitioner -VsThe Inspector of Police, Palani Town Police Station, Dindigul District.

... Respondent Prayer: Petition - filed under Section 482 of Code of Criminal Procedure, to direct the respondent to register a case on the petitioner's complaint dated 24.04.2018 and investigate the case in accordance with law.

For Petitioner : Mr.P.Mani Anandh For Respondent : Mr.G.Prabhu Ramachandran Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to direct the respondent to register a case on the petitioner's complaint dated 24.04.2018 and investigate the case in accordance with law.

2. According to the petitioner, the petitioner made a complaint to the respondent police against the proposed accused alleging that the petitioner has borrowed a sum of Rs.1,50,000/-, Rs.1,50,000/- and Rs.2,00,000/- from the proposed accused on three occasions and the petitioner has paid the money issuing four cheques bearing Nos.328795, 328796, 328799 and 328800, drawn on State Bank of India, Palani Branch, to the proposed accused. The petitioner has paid on several instalments to the tune of Rs.6,86,500/- to the proposed accused and the proposed accused has also received the same. But, the proposed accused is still insisting the petitioner to pay the principal amount and demanding exorbitant interest. Hence, he filed a complaint before the respondent police. Since no action has been taken, the petitioner is before this Court.

3. The learned Government Advocate (Crl. Side) would submit that enquiry was conducted and the same was closed, since there is no materials placed before the respondent police about money transactions between the parties.

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4. In the light of the aforesaid fact, the contention of the petitioner has to be decided in the appropriate forum. Hence, this Criminal Original Petition is dismissed with liberty to the petitioner to approach the competent civil Court, if he is so advised.

Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar To

1. The Inspector of Police, Palani Town Police Station, Dindigul District.

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

+1CC to M/s.T.LENIN KUMAR, Advocate, SR.No.66833 Crl.O.P.(MD) No.7482 of 2018 05.06.2018 SM ES/JC/SAR 4/18.06.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/