Court directs petitioner to justify passport renewal during pending complaint. Respondent to decide promptly. No opinion on merits.

The Court orders the petitioner to provide an explanation within one week regarding the necessity of seeking permission for passport renewal amidst the pending Section 138 complaint. The respondent is directed to make a final decision within four weeks, ensuring a fair hearing for the petitioner. The Court refrains from expressing an opinion on the merits of the petitioner's contentions at this stage. The Writ Petition is disposed of without costs, and the connected miscellaneous petition is closed.

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Issues:
Challenging impugned order calling for explanation on pending cases - Serious Fraud Investigation Office case and criminal complaint under Negotiable Instruments Act.

Analysis:
The Writ Petition challenges an order requiring the petitioner to provide an explanation on two pending cases. Firstly, regarding the Serious Fraud Investigation Office (SFIO) case, it is noted that no charge sheet has been filed, and no court has taken cognizance as per the SFIO's communication. Secondly, the criminal complaint under Section 138 of the Negotiable Instruments Act is pending before the Fast Track Court. The respondent's counsel confirms the ongoing nature of this complaint related to dishonored cheques issued by the petitioner.

The petitioner's counsel relies on a Division Bench decision from 2019 concerning passport renewal in cases involving Section 138 complaints. However, the respondent's counsel argues that this decision is not applicable to the current circumstances. The Court refrains from expressing any opinion on the merits of the petitioner's contention at this stage.

The Court determines that directing the petitioner to submit an explanation within a specified timeframe will not cause prejudice. The petitioner is instructed to provide reasons why seeking permission from the Criminal Court for passport renewal, given the pending Section 138 complaint, is unnecessary. The respondent is then required to make a final decision based on the explanation provided, ensuring a fair hearing for the petitioner, including a personal hearing. The petitioner is allowed to present relevant documents and authorities during the inquiry.

Consequently, the Court orders the petitioner to submit the explanation within one week and expects the respondent to issue a final decision within four weeks thereafter, considering all relevant authorities and arguments presented. The Writ Petition is disposed of without costs, and the connected miscellaneous petition is closed.

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