Madras High CourtCRL OP(MD)/2937/2016disposed of

M.Kannan v. The Commissioner Of Police

2016-07-11Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA Crl.O.P.(MD).No.2937 of 2016 and Crl.MP.(MD).No.5438 of 2016 M.Kannan .. Petitioner Vs.

1.The Commissioner of Police, Madurai City, Madurai.

2.State rep.by Inspector of Police, Subramaniapuram (Crime) Police Station, Madurai City.

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the 1st respondent to instruct the 2nd respondent to register the case on the basis of the petitioner's complaint dated 19.01.2016.

For Petitioner : No appearance For Respondents : Mr.A.P.Balasubramani, Government Advocate (Criminal side)

ORDER

It is an application seeking a direction to the second respondent to register a case based on the complaint of the petitioner dated 19.01.2016.

2.No representation for the petitioner. Heard the learned Government Advocate (Crl. Side) for the respondents. 3.The learned Government Advocate (Criminal Side), would submit that petition enquiry has been conducted and after enquiry, the respondent police have given the following findings: (i)The petitioner himself has given the cheque in question in favour of the proposed accused and thereafter he has given instructions to the bank for stop payment. (ii) The proposed accused has presented the cheque for payment and that has been returned as "funds insufficient". Based on which, he has filed a case in STC No.364 of 2016 before the Judicial Magistrate, No.V, Madurai.

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Based on the said findings, enquiry has been closed and enquiry report has been given to the petitioner.

4.Recording the submission made, this Criminal Original Petition is closed. However, it is open to the petitioner to take further action in accordance with law, based on the enquiry report. Connected CRL MP(MD)No.5438 of 2016 is closed. Sd/- Assistant Registrar(Writs) /True copy/ Sub AssistantRegistrar To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Subramaniapuram (Crime) Police Station, Madurai City.

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

Copy to:The Judicial Magistrate No.VI, Madurai +1CC tok Mr.R.Anand, Advocate Sr.No.35589 sm:SKS-RR:21.7.2016:2P/6C Crl.O.P(MD)No.2937 of 2016 and CRL.MP.(MD).No.5438 of 2016 11.07.2016 https://hcservices.ecourts.gov.in/hcservices/