Manjula Chellur, C.J.
Petitioners are before this Court complaining harassment at the hands of respondent Police at the instance of respondent Nos.6 and 7. According to petitioners, respondents 6 and 7 had money transactions with petitioners which resulted in a civil decree as per Ext.P3. Apart from that, proceedings under Section 138 of the Negotiable Instruments Act were also initiated against respondent No.7 by petitioners. Therefore, in the light of said factual situation, respondent Police cannot compel the petitioners not to recover the money from party respondents. Hence they have approached this Court to intervene in the alleged harassment caused to them at the hands of respondent Police.
2. Learned State Attorney in response to writ petition submits, on the complaint of 6th respondent before WP(C) No. 16116 of 2014 -:2:-
Home Ministry, which referred the matter for enquiry, Police summoned the petitioners in order to know what exactly is the situation. As per the complaint, exorbitant rate of interest was charged by petitioners and further documents like blank cheques and blank stamp papers with the signature of respondent No.6 were retained with the petitioners.
3. If exorbitant rate of interest was charged, it was always open to 6th respondent to contest civil suit and defend the same. However, once a civil decree and judgment are in existence, neither police nor any other authority, till the judgment is set aside, can intervene so far as rate of interest is concerned. So far as blank stamp papers with the signature of 6th respondent, respondent Police can enquire into the same and do the needful. It is open to respondent Nos.6 and 7 to place on record before respondent police all the details pertaining to civil decree as well as 138 proceedings disclosing the genuineness of the transaction.
WP(C) No. 16116 of 2014 -:3:-
The respondent Police shall not intervene in the civil matters unless commission of crime is made out from the enquiry.
With the above observations, the Writ Petition is closed.
Manjula Chellur, Chief Justice.
P.R. Ramachandra Menon, Judge.
ttb/26/06