Hariharan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.10.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Hariharan ... Petitioner Vs.

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

2. The Inspector of Police, Theni Town Police Station, Theni District.

3. The Inspector of Police,, District Crime Branch Theni District.

4. The Ugro Capital Limited (Mumbai), Theni Branch, Theni District.

5. Kesavan, The Branch Manager, The Ugro Capital Limited (Mumbai), Theni Branch Theni District.

6. Saravanan ... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 3rd respondent not to interfere the financial transaction and consequently directing the respondents 1 and 2 to take appropriate action against the respondents 5th and 6th on the basis of the petitioner's complaint dated 28.09.2023 within time stipulated by this Court. For Petitioner : Mr.C.Jeganathan For R1 and R2 : Mr.R.M.Anbunithi, Additional Public Prosecutor.

O R D E R

This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus, directing the 3rd respondent not to interfere the financial transaction and consequently directing the respondents 1 and 2 to take appropriate action against the respondents 5th and 6th on the basis of the petitioner's complaint dated 28.09.2023 within time stipulated by this Court.

2. Mr.R.M.Anbunithi, learned Additional Public Prosecutor takes notice for the respondents.

3.Heard both sides.

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4. The learned Additional Public Prosecutor would submit that on the basis of the complaint given by the fifth respondent, enquiry was undertaken in C.No.2794 of 2023. During the course of enquiry, it was found that in respect of the transaction between the parties, for the offences under Section 138 of Negotiable Instrument Act, the complaint is pending before the concerned Judicial Magistrate Court in Calcutta. Warrant has been issued against the fifth respondent's company in the above said proceedings under Section 138 of Negotiable Instrument Act. Since, there is no scope for the enquiry in complaint given the petitioner, the above said complaint was closed on 27.09.2023 advising the parties to workout their remedy through Court.

5. In view of the submissions made by the learned Additional Public Prosecutor, nothing survives for further consideration or direction in this matter.

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6.With the above said directions, this writ petition stands disposed of.

09.10.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No Indu To

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

2. The Inspector of Police, Theni Town Police Station, Theni District.

3. The Inspector of Police,, District Crime Branch Theni District.

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

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G.ILANGOVAN, J Indu Order made in Dated : 09.10.2023 5/5