High CourtsSingle Bench(2018) 01 MAD CK 0324

ABS. Xpress Private Ltd vs The Superintendent of Police & Anr

Madras High Court · Decided on 11 January 2018

HON’BLE JUDGES
P.Rajamanickam
RESULT
Disposed Off
CASE NUMBER
549 of 2018

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Judgment

14 paragraphs · 255 words
1.

This Criminal Original Petition has been filed to direct the second respondent to register a case based upon the complaint given by the petitioner

dated 27.03.2017.

2.

Heard the learned counsel for the petitioner and learned Government Advocate(Crl.side), appearing for the respondents.

3.

The learned counsel for the petitioner has submitted that the petitioner entered into a sale agreement with one Kavitha on 14.08.2015. In

pursuance of the said agreement, Rs.5,00,000/-(Five Lakhs only) was paid to the said Kavitha. Subsequently, it was found that the said Kavitha is

not having title over the property and hence the petitioner demanded the said Kavitha to return the advance amount. But she refused to pay the

amount and hence a complaint has been lodged on 27.03.2017, but so far no action being taken.

4.

The learned Government Advocate(Crl. Side) has represented that after receipt of the complaint an enquiry has been conducted and it was

found that it is a civil dispute and hence the petition was closed directing to the petitioner to approach the civil court.

5.

By way of reply the counsel for the petitioner has submitted that the petitioner has not received any communication with regard to the closing of

the complaint.

6.

Considering the aforesaid submissions, the second respondent is directed to send a communication to the second respondent with regard to the

disposal of the complaint and it is open to the petitioner to seek appropriate remedy before proper forum.

7.

With the aforesaid observations, this Criminal Original petition is disposed of.