Kathiresan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.06.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Kathiresan ... Petitioner Vs.

1.The Superintendent of Police, Office of SP, Madurai District.

2.The Inspector of Police, Valandur Police Station, Madurai District.

(Cr.No.116 of 2024) ... Respondents Prayer : Criminal Original Petition filed under Section 528 BNSS, to direct the respondents to re-investigate the FIR in Crime No.116 of 2024 on the file of the second respondent in a proper manner and to file the final report in accordance with law within the stipulated time fixed by this Court.

For Petitioner : Mr.K.R.Manimaran For Respondents : Mr.P.Kottaichamy, Government Advocate(Crl.side) 1/5

ORDER

The petitioner, who is the defacto complainant in Cr.No.116 of 2024, has filed this petition seeking a direction to re-investigate the said case.

2.Today, when the matter is taken up for hearing, the learned Government Advocate(Crl.side) appearing for the respondents submits that final report has already been filed in this case as against one Ramkumar. The said Ramkumar has admitted his guilt and paid the fine amount and therefore, the case itself ended in acquittal. 3.The learned counsel appearing for the petitioner submits that the nature of the complaint of this petitioner is for the offence under Section 420 IPC. However, the respondent Police has simply filed the final report for the offence under Section 506(i) IPC. According to the learned counsel for the petitioner, he has given a blank cheque to the said Ramkumar and the same was misused by the father of the said Ramkumar by filing a private complaint against the petitioner for the offence under Section 138 of the Negotiable Instruments Act. 2/5

4.This Court has considered the submissions made on either side and perused the available in the record.

5.Admittedly, the grievance of the petitioner is that the respondent Police has not registered the case for the offence under Section 420 IPC. Even according to the learned counsel for the petitioner, the petitioner has given only a blank cheque, which was misused by the accused's father and a private complaint was lodged for the offence under Section 138 of the Negotiable Instruments Act.

6.It appears that the petitioner was convicted in the said private complaint, against which, the petitioner has also preferred an appeal before the Sessions Court and the same is pending. The petitioner has to workout his remedy only before the Sessions Court where the appeal is pending. This Court is not inclined to entertain this petition on the ground raised in this petition. Accordingly, this criminal original petition is dismissed.

16.06.2025 Index : Yes/No Internet:Yes gns 3/5

To 1.The Superintendent of Police, Office of SP, Madurai District.

2.The Inspector of Police, Valandur Police Station, Madurai District.

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

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B.PUGALENDHI,J gns 16.06.2025 5/5