Police cannot harass in civil/commercial money disputes; close upon repayment undertaking.

PRAYER: This criminal original petition filed under Section 528 BNSS to direct the Respondent to not to harass the Petitioner under the guise of enquiry by interfering with the civil and commercial money disputes and thus render justice.

For Petitioner(s): Mr.Y.Kajanavas For Respondent(s): Mr.LEONARD ARUL JOSEPH SELVAM ADDITIONAL PUBLIC PROSECUTOR

ORDER

This criminal original petition has been filed to direct the Respondent to not to harass the Petitioner under the guise of enquiry by interfering with the civil and commercial money disputes.

2.The facts of the case is that the petitioner is a Proprietor of Huda Enterprises. During the course of business between the year 2020-2021, there was a business dispute between the petitioner and the Mukeshkumar Mehatha, Proprietor of M.N.Electricals. The petitioner’s company was eroded in its business and the same was shut down and insolvency proceedings were pending before the National Company Law Board and Tribunal.

3.The learned Additional Public Prosecutor submitted that one Mukeshkumar Mehatha, Prorietor of M.N.Electrical lodged a complaint against the petitioner stating that he received a sum of Rs.31,24,333/- for supply of electricals items. Therefore, the respondent police called and enquired the petitioner and the petitioner has given an undertaking to return within a period of 6 months. Thereafter only, the respondent police closed the complaint as there was a money transaction.

4.In view of the above, the criminal original petition is disposed of.