IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 WP(C).No. 16330 of 2011(M) -------------------------- PETITIONER(S): --------------- KRISHNA KUMAR, S/O.NATARAJAN, AGED 34 YEARS, SUBRAMANIYAPURAM, PATTIKKARA, PALAKKAD DISTRICT BY ADV. SMT.A.PREMAKUMARI RESPONDENT(S): --------------- 1. SIVSANKARAN,S/O.NARAYANA THARAKAN, KAPALI HOUSE, AZHIYANUR,PERINGOTTUKURISI DESOM PARASSERY POST, PALAKKAD DISTRICT-678 106. 2. THE SUB INSPECTOR OF POLICE, KONGAD POLICE STATION, KONGAD, PALAKKAD DISTRICT 3. THE SUPERINTENDENT OF POLICE OFFICE OF THE SUPERINTENDENT OF POLICE PALAKKAD BY GOVT. PLEADER SMT. C.M. CHARISMA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: EXT.P1- TRUE COPY OF THE STATUTORY NOTICE DATED 29/5/2011 SENT BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P2 - TRUE COPY OF THE ACKNOWLEDGEMENT CARD. //true copy// P.S. to Judge R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No. 16330 of 2011-M ------------------------------------------------- Dated this the 1st day of July, 2011 JUDGMENT Basant,J. The petitioner complains of harassment by the police. According to him, he has some financial transactions with the 1st respondent and the 1st respondent has issued a cheque for discharge of the said liability. That cheque has bounced. In accordance with law, proceedings under Sec.138 of the Negotiable Instruments Act have been initiated against the 1st respondent. The 1st respondent, wielding the influence with the police, is prevailing upon the 2nd respondent to unnecessarily and undeservedly harass the petitioner. The short prayer of the petitioner is that such harassment may be stopped. 2. The 1st respondent has entered appearance through counsel. The learned Government Pleader appears for respondents 2 and 3. 3. It is submitted by the learned Government Pleader that a complaint was received from the 1st respondent alleging that the W.P.(C) No. 16330 of 2011 -: 2 :- petitioner has mis-utilized certain cheques, documents etc., handed over by the 1st respondent to another person. On receipt of that complaint, the 1st respondent/complainant was called to the Police Station. After hearing his narration, the police is not satisfied that any crime deserves to be registered. Accordingly, no crime has been registered. The 1st respondent has been advised to go to the courts to get his grievances redressed. The police is not proposing to register a crime on the complaint of the 1st respondent and shall not call the petitioner to the Police Station on the basis of that complaint. The apprehension of harassment is unjustified and is baseless. This petition may, in these circumstances, be dismissed, submits the learned Government Pleader. 4. The learned counsel for the 1st respondent prays for time to file a counter affidavit. After hearing the learned Government Pleader, we are not persuaded to agree that the matter deserves to be adjourned for that purpose. We take note of the submission of the learned counsel for the 1st respondent that the petitioner is a money lender and is only a name lender to the person to whom the cheque was handed over by the 1st respondent. He denies any transaction between the petitioner and the 1st respondent. W.P.(C) No. 16330 of 2011 -: 3 :- 5. We accept the submission of the learned Government Pleader. We are, in these circumstances, satisfied that no further directions are necessary. 6. Accepting the submissions of the learned Government Pleader, this writ petition is dismissed with the above observations. We make it clear that the disposal of this petition will not in any way fetter the legal rights of the 1st respondent, if any, to challenge the action of the police not registering a crime. Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge