2011 PLP 366 (YLR)

The petitioner claims that he has filed a suit against respondents Nos. 2 to 9 in this Court, which is numbered as 374 of 2010. Copy of the suit has been filed with the present petition. In this suit the petitioner has prayed for following relief: (A) Cancel the following cheques: (i) Nos. 75065223 to 75065250 from NIB Bank (defendant No.6) total 31 cheques each of Rs.5 lacs without mentioning any date. (ii) Cheque Nos. 5485620 to 5485640 from Al-Habib i.e. defendant No. 7 total 21 cheques each of Rs. 5 lac without mentioning any date. (B) Award a schedule to the plaintiff to pay the amount of Rs. 240,00,00 to the defendants Nos.1 to 5 within five years. (C) Declare that the plaintiff is entitled to be awarded incentives of Rs.1500 each motor cycle from the defendants Nos. 1 to 5 in respect of selling of motor cycles and award of Honda City Car against sale of 1200 motor cycles yearly and two Umras while settlement of account between the Plaintiff's Company and defendants Nos. 1 to 5 company. (D) Restrain the defendants Nos. 1 to 5, their agents, servants or any person acting on their behalf from depositing Nos. 75065223 to 75065250 from NIB Bank (Defendant No. 6) total 31 cheques each of Rs. 5 lacs without mentioning any date and Cheque No. 5485620 to 5485640 from Al-Habib i.e. defendant No. 7, total 21 cheques each of Rs. 5 lac without mentioning any date in any bank or any account of defendants Nos. 1 to 5 in any manner. (E) Cost of the Suit. (F) Any other relief which this Hon'ble Court may deem fit and proper under .the circumstances of the case. The petitioner claims that he got an ad-interim order in the suit. The petitioner however, subsequently has filed present petition with the following prayer: (A) Declare that respondents Nos. 2 to 6 deposited the cheque(s) Nos.75065223 to 75065250 from NIB Bank total 31 cheques each of Rs.5 and Cheque Nos. 5485620 to 5485640 from Al-Habib total 21 cheques each of Rs. 5 lac before respondent No. 7 bank which is mala fide and in violation of order dated 12-3-2010 passed in Suit No.374 of 2010 and further on the deferred report upon the said cheques by the bank any criminal case registered or to be registered shall be illegal and of no legal effect until and unless above suit is disposed of. (B) S.H.O. Preedy may be directed not to register an F.I.R. on the basis of cheque (s). Nos. 75065223 to 75065250 from NIB Bank total 31 cheques each of Rs. 5 lac and Cheque No. 5485620 to 5485640 from Al-Habib total 21 cheques each of Rs. 5 lac deposited before respondent No. 7 bank, if registered the petitioner may not be arrested till final decision of this petition. (C) Necessary bail may be granted in respect of above circumstances. (D) Any other relief, which this Hon'ble Court may deem fit and proper under the circumstances of the case. We have inquired from the learned counsel for the petitioner as to how this petition is maintainable once the petitioner has already filed suit on same facts and grounds. He could not submit any reply. In the first place, this Court in exercise of constitutional jurisdiction cannot grant declaration of the nature sought, by way of prayer clause "A". The subject matter of the relief under Para "A" of the prayer clause is already subject matter of Suit No.374 of 2010, therefore, such relief cannot be granted to the petitioner. Moreover in order to grant such a relief, which is based on question of facts, a finding cannot be given without recording evidence of the parties, which cannot be done in writ jurisdiction. We therefore, hold that relief sought in prayer clause "A" cannot be granted by this Court in constitutional jurisdiction. The relief sought in prayer clause "B" is also not warranted in law as no restraining order can be passed against a party from approaching a forum for redressal of its grievance. Section 154 of Cr.P.C. provides that any party approaches the Incharge of a police station, get his statement recorded, the contents of which disclose cognizable offence, the Incharge of police station is bound to reduce it in writing and register the case. Therefore, relief under prayer clause "B" cannot be granted for the aforesaid reasons. There is no occasion to grant bail to the petitioner, who apprehends his arrest when there was no F.I.R. Even otherwise; the petitioner is required to approach the appropriate forum under section 498-A of Cr.P.C. for bail. No bail in the circumstances can be granted to the petitioner. Therefore, relief under prayer clause "C" for bail is also misconceived and is denied. We for the aforesaid reasons dismiss this petition in limine along with the listed applications. H.B.T./M-189/K Petition dismissed.