IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.11.2015

CORAM:

THE HON'BLE Mr.JUSTICE R.SUBBIAH

Crl.O.P.No.26838 of 2015

Sakthivel

... Petitioner

Vs.

The Inspector of Police,

Tirupur Rural Police Station,

Tirupur

... Respondent

Prayer :

Criminal Original Petition filed under Section 482 of the

Code of Criminal Procedure, praying to direct the respondent to

register a case against the accused person in respect of the

complaint dated 24.02.2015.

For Petitioner : Mr.K.S.Kaviarasu

For Respondent : Mr.C.Emalias

Additional Public Prosecutor

ORDER

This petition is filed for a direction to the respondent to

register a case against the accused person in respect of the

complaint dated 24.02.2015.

2.In the petition it is stated that the petitioner is

working as a cutting master in a textile company and he got

acquainted with one Sekar. The said Sekar borrowed a sum of

Rs.3,00,000/- for which he executed a promisory note dated

23.06.2013 and also handed over a original sale deed.

Subsequently, he did not repay the amount nor be took any care

to get back the original sale deed and on enquiry, the

petitioner came to know that the said Sekar had entered into a

sale agreement with one Balamani which was registered as

Document No.9945 of 2013 and it seems to be cancelled on

05.05.2014 and thereafter on the very same day, he entered into

sale agreement with one Subramani. The petitioner also found

that the said Sekar lodged a false complaint on 30.04.2013

before the respondent stating that the original title deed which

was deposited as security with the petitioner was found missing.

Thus, there was intention of cheating. Hence, the petitioner

https://hcservices.ecourts.gov.in/hcservices/

lodged a complaint on 24.02.2015. Though the complaint has been

assigned C.S.R.No.64 of 2015, till date no action has been

taken. Hence, this petition.

3.The learned Additional Public Prosecutor would submit that

the matter is purely civil in nature and only inorder to give

criminal colour, the complaint has been lodged with certain

allegations and thus strongly opposed to grant direction.

4.I have heard the learned counsel appearing for the

petitioner as well as the learned Additional Public Prosecutor.

5.In view of the submissions made on either side, this Court

directs the respondent to conduct enquiry on the complaint given

by the petitioner which has been assigned C.S.R.No.64 of 2015

and dispose of the same in accordance with law, as early as

possible.

6.With the above directions, the Criminal Original Petition

is disposed of.

pri

-s/d-

Assistant Registrar(CCC)

True Copy

Sub-Assistant Registrar

To

1. The Inspector of Police,

Tirupur Rural Police Station,

Tirupur.

2. The Public Prosecutor

High Court, Madras.

+ 1 cc to Mr.K.Viknesh Karthick, Advocate SR 62873

sr(co)

prk8/12

Crl.O.P.No.26838 of 2015

https://hcservices.ecourts.gov.in/hcservices/