IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE ELEVENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO.11852 of 2008 Between: Ravipati Suryakalyana Ram, S/o. Venkata Swamy, R/o. 11-3-16, Veterinary Hospital Street, Ramaraopeta, Kakinada, East Godavari District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep by the Principal Secretary, Home Secretariat, Hyderabad. 2 The Superintendent of Police, East Godavari District at Kakinada, East Godavari District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent No. 2 in interfering in a private complaint case relating to bouncing of cheque bearing No. 249843, dt. 11-5-2008 drawn on HDFC Bank, Main Road, Kakinada, East Godavari District is illegal, arbitrary and contrary to law and pass Counsel for the Petitioner:MR.O.KAILASHNATH REDDY Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.11852 of 2008 ORDER: It is the case of the petitioner that he borrowed a sum of Rs.6,00,000/- from one Sri S.V.S.V.Ravi Kumar of Kandregula, Pedapudi Mandal, Kakinada, East Godavari District and in that connection, he issued a legal notice calling upon the petitioner to pay the said amount, failing which, appropriate proceedings will be initiated against the petitioner under Section 138 of N.I.Act. It is stated that the said Sri S.V.S.V.Ravi Kumar has not filed any criminal complaint under any of the provisions of the Indian Penal Code and if that be so, the 2nd respondent has no manner or authority to interfere with the civil disputes or with regard to repayment of the said amount under Section 138 of N.I.Act. Therefore, the petitioner seeks to issue a Writ of Mandamus to direct the 2nd respondent not to interfere in a private complaint case relating to bouncing of cheque bearing No.249843, dated 11-05-2008. I am of the opinion that unless any complaint is filed and pending against the petitioner alleging that the petitioner has committed cognizable offence, police cannot interfere with the personal life and liberty of the petitioner, even in respect of cheque bouncing case. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the 2nd respondent not to interfere with the personal life and liberty of the petitioner unless any complaint is filed against him disclosing commission of cognizable offence. There shall be no order as to costs. ___________ 11-06-2008 Note: Issue C.C. by tomorrow (B/o) Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RLD}