The High Court disposed of a writ petition on the advice of the investigating officer who classified the underlying dispute as purely civil in nature involving cheque dishonour and loan recovery.
Disposed the writ petition with liberty to pursue civil remedies available under law.
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HON’BLE SRI JUSTI CE A.V.SESHA SAI
W .P.No.3 3 6 9 6 of 2 0 1 8
ORDER : -
None for the petitioner.
When the matter is taken up, the written instructions furnished by the Sub-Inspector of Police, Panjagutta Police Station, Hyderabad, dated 17.09.2018, are placed on record by the learned Government Pleader. The said instructions read as under: -
“it is submitted that the petitioner herein had lodged a complaint, dated 20.12.2017, with the 5th respondent S.H.O., Panjagutta Police Station, Hyderabad, wherein he stated that the respondents 6 and 7 being the wife and husband respectively lured the petitioner. At the instigation of the respondents 6 and 7, the petitioner entered into partnership with them to open jewellery shop in USA in the year 2014. In the company name, the respondents 6 and 7 obtained loan from HDFC Bank, but they never paid the loan amount. The respondents 6 and 7 purchased jewellery from SRJ Jewellers, Hyderabad, and gave cheques of the company instead of her personal cheque. The respondents 6 and 7 with a malafide intention deceived the petitioner and took gold jewellery worth Rs.50 lakhs without making any payments and issuing the cheques for the reqlization of the amount, but those cheques were dishonoured.
It is submitted that pursuant to the said complaint, the 5th respondent had enquired into the matter and it was revealed that the complainant and the respondents 6 and 7 are business partners of the jewellery in USA and the business transaction s were
2
took place at USA. However, the 5th respondent came to know that in preliminary enquiry, the complaint is purely civil in nature. The same was informed to the petitioner by way of notice through registered post and suggested him to approach concerned authorities for redressal and also made entry into the General Diary.”
A notice, dated 15.09.20918, said to have been sent to the petitioner by way of Registered Post is also enclosed to the instructions.
Having regard to above, the Writ Petition is disposed of, by placing on record the said instructions furnished by the SubInspector of Police, Panjagutta Police Station, Hyderabad, dated 17.09.2018, with liberty to the petitioner to avail the remedies available to him, as per law..
Miscellaneous petitions pending, if any, shall stand
disposed of. There shall be no order as to costs.
A.V.Sesh a Sai, J
Date: 13.11.2018 smr
1 issue framed by the court
Whether the writ petition admitting a civil dispute requiring civil remedy can be dismissed on advice from investigating officer.
Petitioner
Respondent 6
Respondent 7
A.V. Seshasai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
