@JUDGMENTTAG-ORDER
R. Regupathi, J.@mdashThis petition is filed seeking to direct the private complaint of the petitioner, dated 07.03.2008, which was forwarded to the Inspector of Police R5, Virugampakkam Police Station u/s 156(3) CRPC to be transferred to the file of CBCID or any other Police at Madras for investigation.
2. The learned Counsel for the petitioner submits that in a private compliant, police investigation has been ordered and the second respondent though registered a case, has not conducted the investigation properly and has not recovered the money from the accused. Inspite of the representation made before the first respondent-Commissioner of Police, the settlement has not been done and therefore the petitioner seeks for transfer of the investigation to CBCID.
3. Per contra, the learned Additional Public Prosecutor submits that as per the direction issued by the learned Magistrate, investigation has been taken up by the second respondent and still it is pending. In the representation made before the Commissioner of Police, the petitioner has prayed for settlement and recovery of the money from the accused and he further submits that it is purely of civil nature.
4. I have heard the submissions made by the learned Counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
5. On perusal of the complaint, a specific allegation has been made by the petitioner that the cheque given by the accused was dishonoured and subsequently private complaint for an offence punishable u/s 420 IPC has also been filed. Therefore, I find it is not a fit case for police investigation and the learned Magistrate has erroneously passed an order directing the second respondent to investigate and file final report. In all probability, the petitioner on coming to know that the cheque was dishonoured, he would have proceeded against the accused u/s 138 of the Negotiable Instruments Act. When special provisions and procedures are involved, it is unfortunate that the complainant has taken a different method so that the assistance of the police could be sought for, police force could be exerted and the money could be recovered at the earliest. It is unfortunate that the learned Magistrate has obliged for ordering such investigation to the Police. Though the prayer is for transfer of the investigation, this Court is of the considered view that the irregular and illegal method is approached for ordering investigation.
On coming to know about this irregularity, I am of the considered opinion that the same must be set right. Therefore, the investigation in this regard pending on the file of the second respondent is directed to be quashed and the learned Magistrate may proceed with the case, with the available materials produced before the Court. The second respondent need not proceed with the investigation any more.
With the above observation, this criminal original petition is allowed.
