THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.25030 of 2009 Date: 08.12.2009 Between: S. Rajeev. ..Petitioner and The Superintendent of Police and others. ..Respondents THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.25030 of 2009 ORDER: The petitioner states that he wanted to obtain loan from I.D.B.I, Basheerbagh Branch, and accordingly approached its Deputy General Manager, by name, Mr.B. Rama Rao, second respondent herein. The third respondent, Mr. E. Prasada Rao, is said to have introduced him to the second respondent. The petitioner states that as suggested by respondent Nos.2 and 3, he paid a sum of Rs.10,00,000/- to the second respondent at the office and his signature was obtained on empty application form in the presence of the third respondent. He contends that no steps were taken for a quite considerable time. Suspecting the bona fides of respondent Nos.2 and 3, he submitted a complaint against them, before the first respondent and that an F.I.R. was also registered. The grievance of the petitioner is that no action has been taken by the first respondent so far. The petitioner contends that his enquiries revealed that the second respondent has defalcated more than a crore of rupees when he worked at different branches. Heard Sri B. Narayana Reddy, learned counsel for the petitioner and Sri T. Niranjan Reddy, learned counsel for the first respondent. It is just unthinkable as to how the petitioner paid the amount to the second respondent directly without remitting into the counter of the bank. Further, it is not known as to whether he obtained any receipt. Once the amount is not remitted into the bank, it almost becomes a private transaction between the petitioner and the second respondent, may be with the involvement of the third respondent. There is hardly anything which the first respondent can do about it. If so advised, the petitioner has to file a suit or a private complaint before the Court or Police Station concerned, and not before the first respondent directly. Hence, the Writ Petition is dismissed leaving it open to the petitioner to file a suit in civil Court or to file a criminal complaint against respondent Nos.2 and 3 or other persons connected with the alleged payment. There shall be no order as to costs. ________________________ L. NARASIMHA REDDY, J 08th December, 2009 GHN