S.GAYATHRI Vs. COMMISSIONER OF POLICE, COIMBATORE CITY

JUDGEMENT

(1.) THE Petitioner has focused the instant Writ of Mandamus praying for passing of an order by this Court in directing the First Respondent to direct the Respondents 2 and 3 not to threaten, harass and to initiate action against her on the basis of the complaint except by due process of law by considering the representation dated 15.11.2012 within the stipulated time to be determined by this Court.

(2.) THE Petitioner is doing Real Estate business at Kalapatti Village, Coimbatore. Several persons approached her and purchased the housing plots on installment basis. One B.R.Selvarajulu at Edampalayam, Coimbatore had approached her office and booked plots for his relatives and friends, for which, he paid advance amount to her. In turn, she issued eight cheques bearing Nos.682101, 682103, 682104, 682105, 682106, 682107, 682108 and 682109 in favour of purchasers towards security amount. Also that she had executed a promissory note in their favour. As the purchasers were not willing to purchase the said plots, she returned the entire advance amount on 17.08.2012 paid by them and requested to return the cheques issued in their favour, since they were issued towards security amount. Instead of returning the said cheques to her, they had deposited the cheques No.682105 dated 05.07.2012 drawn on Canara Bank, Gandhipuram Branch, Coimbatore and Indian Bank, Coimbatore Main Branch and the said cheques were returned by the bankers with an endorsement 'Funds Insufficient.'

(3.) ONE S.Nagaraj made a false complaint against her before the Respondents/police. On that basis, the Respondents/police are threatening her. When the issue involved is subjected to Section 138 of Negotiable Instruments Act, the action of the Respondents/police in threatening her is unjust and unwarranted one. The said B.R.Selvarajalu had influenced the police officials and giving trouble to her. She made a representation on 15.11.2012 because of the continuous threat made by the Respondents/police. As such, the Petitioner has filed the present Writ Petition.