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Santhosh

High Court Of Kerala|16 December, 2014
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JUDGMENT / ORDER

Ashok Bhushan, Ag.C.J. Heard the learned counsel for the petitioner and the learned Government Pleader.
2. By this writ petition, the petitioner has prayed for a mandamus directing the respondents 4 and 5 to afford sufficient police protection to the life of the petitioner. Petitioner's case in the writ petition is that, he had availed a loan from the 3rd respondent. In connection with repayment, he had issued a cheque, which could not be honoured and the complaint has been filed by the 3rd respondent under Section 138 of Negotiable Instrument Act, in which a case ST No.1362 of 2014 is proceeding. It is submitted that the respondents are threatening the petitioner to make the payment, failing which he shall be harmed.
3. The learned Government Pleader, after obtaining instruction, submits that the petitioner has not only taken loan from 3rd respondent, rather has taken loan from several other persons and in fact, he has threatened those persons that complaints will be filed against them under operation 'Kubera'. The learned Government Pleader further submits that there is no threat to the life of the petitioner and the allegations are incorrect.
4. From the facts brought on record, it does appear that proceedings under Section 138 of NI Act is going on against the petitioner. Petitioner's allegation that the pressure is being put on him to make the repayment cannot be a reason for issuing any direction for police protection. It is open for the petitioner to make repayment or face the proceedings in accordance with law.
With this observation, this writ petition is closed.
Sd/-
ASHOK BHUSHAN, ACTING CHIEF JUSTICE Sd/-
A.M. SHAFFIQUE JUDGE das
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Title

Santhosh

Court

High Court Of Kerala

JudgmentDate
16 December, 2014
Judges
  • Ashok Bhushan
  • A M Shaffique
Advocates
  • T Madhu Smt