FAIZUDDIN MOHD Vs. G RAMAKRISHNA REDDY

JUDGEMENT

(1.) Heard.

(2.) This appeal has arisen from the order in Writ Petition No. 1011 of 1996 directing, inter alia, the Station House Officer, Shamsheergunj Police Station, to transmit all the papers relating to Crime No. 11 of 1994 to the C.B.C.I.D. and the concerned Circle Inspector to investigate the case and take necessary action in accordance with law. It is not disputed that the writpetiyioner-respondentNo.1 lodged a complaint with Shamsheergunj Police Station, Hyderabad, that one Mohd. Faizuddin -appellantherein purchased 5376Sq. Yds. of land and issued as many as 35 cheques amounting to Rs. 17,33,960/-. On the strength of the cheques, he got from the writ petitioner - respondent sale deeds executed in the name of his nominees on 23-9-1993 and 24-9-1993. When, however, he (the writ petitioner - respondent) presented the cheques for encashment they were bounced as there was no amount of money to the credit of the appellant. Writ Petitioner - respondent thus lodged the complaint and the Shamsheergunj police registered Crime No.11 of 1994. Mainly alleging laxity on the part of the police and seeking accordingly that the matter be investigated by some other agency, the writ petitioner - respondent has come to the Court.

(3.) Notice before admission was issued in the writ petition. A counter affidavit has been filed and the Investigating Officer-Inspector of Police, Shamsheergunj Police Station, has stated therein that the original cheques were not shown to him by the complainant, the xerox copies filed by the complainant were sentby him to the Magistrate'sCourt along with theF.I.R. and that the writ petitioner-respondent did not even produce any evidence or witnesses to prove the elements of cheating necessary to be proved under Section 420 of the Indian Penal Code. Learned single Judge has, however, ordered as follows: