The petition is to direct the third respondent to register the case against the accused persons based on the complaint dated 18.03.2016 preferred by the petitioner herein.
2. On perusal of the complaint dated 18.03.2016 it indicates that the petitioner had supplied granite to one M/s. Infinite Stones LLC, Masssachusetts State, United States of America for a tune of USD 1,35,244.29. It appears that the cheque given by the purchaser bounced for want of fund, hence, the complaint was lodged. The purchaser M/s. Infinite Stones LLC represented by Mr.Stewart Sullivan had committed breach of trust and cheated the petitioner. It appears that the petition has been received by the Assistant Commissioner of Police, Special Crime Branch, CBI and since no action was taken on the petition, another reminder dated 11.07.2017 was sent by the petitioner.
4. On the face of it, this Court finds that it is a civil transaction and the Court cannot direct the third respondent to register a case as prayed in the petition. However, based on the complaint, if the investigation agency finds any material or element of criminality, worth to be investigated, it is always open to them to do so and the result of their investigation shall be communicated to the petitioner herein.
5. With the above observations, this criminal original petition stands dismissed.
19.09.2017 Speaking / Non-speaking order Index : Yes/No Internet : Yes/No cgi/dpq To
1. The Joint Director and Head Zone, Central Bureau of Investigation Office, III Floor, E.V.K.Sampath Building, College Road, Chennai – 600 006.
2. The Assistant Commissioner of Police, The Special Crime Branch Department, Central Bureau of Investigation Office, 'A'Wing III Floor, Rajaji Bhavan, Besant Nagar, Chennai – 600 090.
3. Inspector of Police, District Crime Branch, Tirupur.
4. The Special Public Prosecutor (for CBI Cases), High Court, Madras.
Dr.G.JAYACHANDRAN, J., cgi
Crl.O.P.No.19672 of 2017
19.09.2017