High Court dismissed a Cr.O.P. seeking direction to register FIR in a money dispute involving dishonoured cheque. The bench held it was a money matter and refused to convert civil dispute into criminal case.
No direction to register case issued; liberty given to petitioner for other legal action.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.09.2013
CORAM:
THE HONOURABLE MR. JUSTICE P.DEVADASS
CRL.O.P.No.22281 of 2013
A.Sikandar ..Petitioner
Vs.
The State Rep. By
Sub-Inspector of Police,
Central Crime Branch, Team-I,
Egmore, Chennai - 220. ..Respondent
Criminal Original Petition is filed under Section 482 Cr.P.C.
to direct the respondent to register a complaint and file FIR based
on the petitioner's complaint dated 28.06.2013.
For Petitioner : Mr.A.K.Samsu Nihar
For Respondent : Mr.C.Emalias
Additional Public Prosecutor
*****
O R D E R
The petitioner seeks a direction to register a case based on his complaint dated 28.06.2013.
2.According to the learned counsel for the petitioner, huge amount has been received by the proposed accused. But he decamped.
3.The learned Additional Public Prosecutor submitted that it is purely a money transaction.
4.Perused the allegations in the complaint and the averments in the petition.
5.There was money transaction between both parties, it is more than Rs.1 Crore. There was issuance of cheque. The cheque
was dishonoured. Lawyer notice issued. The same could not be served. It is stated that recipient of the money disappeared.
6. It is a money matter. There is dishonour of the cheque. The extent and enormity of the above involved will not change the nature of the transaction from civil to criminal.
7.In the circumstances, the direction sought for cannot be issued. However, liberty is given to the petitioner to take next course of the action available to him as per law.
KR/20/09/2013
2 issues framed by the court
Whether the High Court can direct registration of a case under Section 482 Cr.P.C. for money transaction involving dishonoured cheque.
Whether a transaction exceeding Rs. 1 Crore with cheque dishonour changes the nature from civil to criminal warranting court intervention.
1 provisions across 1 enactments
A. Sikandar
The State Rep. By Sub-Inspector of Police, Central Crime Branch
P. Devadass
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
