The Managing Director vs M/S.Kerala Hardwares on 19 July, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 2065 of 2006()


1. THE MANAGING DIRECTOR,
                      ...  Petitioner

                        Vs



1. M/S.KERALA HARDWARES, FLOWER JUNCTION,
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE,

3. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.V.M.KURIAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :19/07/2007

 O R D E R
                               R.BASANT, J.

                            ----------------------

                         Crl.M.C.No.2065 of 2006

                        ----------------------------------------

                  Dated this the 19th day of July 2007




                                   O R D E R

The petitioner has come to this court with the grievance

that the second respondent, before whom he has filed Annexure

5 complaint, is not taking any action against the first respondent

for the offences committed by the first respondent, about which

complaint is received in Annexure 5. The learned Public

Prosecutor, on instructions, submits that it is true that Annexure

5 has been received by the second respondent; but no crime has

been registered as the said complaint does not reveal the

commission of any cognizable offence. The learned Public

Prosecutor submits that the allegations in Annexure 5 only, at

worst, reveal a civil wrong and there is no element of any

culpability therein.

2. What is the complaint? The short complaint is that

signed blank cheques given by the petitioner to the first

respondent are not returned. This, in short is the complaint. I

am of the opinion that the second respondent is correct in taking

Crl.M.C.No.2065/07 2

up the contention that Anenxure 5 does not at all reveal the

commission of any cognizable offence. For non-return of the

cheques allegedly handed over which have not admittedly been

misused, the petitioner has not taken appropriate steps under

civil law and I find no merit whatsoever in the grievance that a

crime must have been registered on the basis of Annexure 5.

3. This Criminal Miscellaneous Case is, in these

circumstances, dismissed.

                                                     (R.BASANT, JUDGE)

jsr


                      // True Copy//          PA to Judge


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Crl.M.C.No.2065/07    4


       R.BASANT, J.





         CRL.M.CNo.





            ORDER





21ST DAY OF MAY2007