Madras High CourtCRL OP(MD)/10809/2020dismissed

K.Karthikeyan v. The Superintendent Of Police

2020-10-05Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.10809 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.10809 of 2020 K.Karthikkeyan ... Petitioner Vs.

1.The Superintendent of Police, Thanjaur District, Thanjaur.

2.The State rep. by The Inspector of Police, (Law and Order) Thirukkattupalli Police Station, Thanjaur District.

3.TVS Credit Service Ltd., Representative by its Authorised Signatory, Jeyalakshmi Estate, No.29, Haddows Road, Chennai - 600 006.

... Respondents Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to direct the 1st and 2nd respondents to give adjudicated police protection to petitioner and consider the petitioner's representation dated 26.09.2020.

For Petitioner : Mr.S.Krishnan For Respondents : Mr.V.Neelakandan, Addl. Public Prosecutor for R1 & R2.

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first and second respondents.

2.It is seen that the petitioner had availed finance facility from the third respondent in the year 2015. The petitioner does not appear to have repaid the loan. Therefore, the third respondent had invoked the arbitral remedy. An award is said to have been passed last year. The petitioner's counsel states that on account of Covid-19 pandemic, he is not able to raise the funds. 3.Be that as it may, this is a contractual dispute between the petitioner and the third respondent. The petitioner who is the defaulter cannot invoke the remedy under Section 482 of Cr.P.C. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.10809 of 2020 Leaving open the rights of both parties, this criminal original petition is dismissed.

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) ias Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Superintendent of Police, Thanjavur District, Thanjaur.

2.The Inspector of Police, (Law and Order) Thirukkattupalli Police Station, Thanjavur District.

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

Crl.O.P.(MD)No. 10809 of 2020 05.10.2020 PK(CO) AP(20/10/2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2