1 2025:CGHC:4880-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 48 of 2025 Mamta Jha W/o Shri Pramod Jha Aged About 43 Years Ambedkar Ward, Nayamunda, Jagdalpur, District- Bastar, C.G. ... Petitioner versus 1 - State of Chhattisgarh Through Secretary Home Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, C.G. 2 - Superintendent of Police Jagdalpur, District- Bastar, C.G. 3 - Station House Officer Police Station- Bodhghat, Jagdalpur, District- Bastar, C.G. 4 - Pawan Shrivastava Head Constable, Police Station- Bodhghat, Jagdalpur, District- Bastar, C.G. ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Siddharth Rathore, Advocate For Respondent-State : Mr. Shashank Thakur, Dy. Advocate General Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha , Chief Justice 28.01.2025 1. Heard Mr. Siddharth Rathore, learned counsel for the petitioner. Also heard Mr. Shashank Thakur, learned Deputy Advocate General, appearing for the respondents No.1 to 3/State. ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.01.29 10:21:30 +0530 2 2. The present writ petition has been filed by the petitioner with the following prayers: “A. Call for the relevant records from the respondents pertaining to the case of the petitioner for its kind perusal. B. This Hon'ble Court may be please to direct the respondent no.4 to restrain themselves from calling petitioner pertaining to the issue of dishonor of cheque, which is subjuidice and pending for consideration in Complaint case no. 463/2024 before the learned Judicial Magistrate First Class, Jagdalpur (C.G) and harass the petitioner which is arbitrary and illegal, in the facts and circumstances of the case. C. Any other relief which this Hon'ble Court may deem fit in the facts & circumstances of case. D. Cost of the petition may also be awarded.” 3. Brief facts of the case, are that, the petitioner has received a cheque dated 09.09.2024 for a sum of Rs.5,00,000/- bearing Cheque No. 493728 of Punjab National Bank, Jagdalpur from one Vinesh Nair, which was dishonored on 19.09.2024 for the reason “insufficient fund”. 3 Thereafter, the petitioner has issued a legal notice to Vinesh Nair dated 07.10.2024, but in spite of same when he failed to pay the said cheque amount, petitioner preferred a complaint under Section 138 of the Negotiable Instruments Act, 1881 before the learned Judicial Magistrate First Class, Jagdalpur bearing Complaint Case No.463/2024 where the dispute is subjuidice and pending for its consideration on its merit. 4. Learned counsel for the petitioner submits that the petitioner has filed a Complaint Case No.463/2024 under Section 138 of the Negotiable Instruments Act, 1881, which is pending before the Court of Judicial Magistrate First Class, Jagdalpur for dishonour of cheque and the Court has already taken cognizance and the notice was issued to the said accused, but respondent No.4, who is Head Constable of Police Station Bodhghat, Jagdalpur, District Bastar (C.G.), is pressurizing the petitioner to come to the Police Station for the purpose of compromise. 5. In that view of the matter, we direct the concerned Superintendent of Police, Jagdalpur (C.G.) to ensure that the investigation of the present case be concluded strictly in accordance with law. The respondent No.2, i.e. is further directed to ensure that no coercive tactics is adopted by any of the Police personnel to compel the petitioner for compromising the matter. 6. Learned State counsel is directed to furnish a copy of this order to the concerned Superintendent of Police, Jagdalpur for necessary information and compliance forthwith. 4 7. With the aforementioned observations/directions, instant writ petition is disposed of. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Anu