SUBHASH UPENDRARAO KAMATH Vs. MOHAN UPENDRARAO KAMATH

JUDGEMENT

(1.) The appellant/complainant is before this Court assailing the order dated 22.11.2013 passed in Criminal Case No.606/2012 on the file of learned JMFC-II at Hubballi (herein after referred to as 'Trial Court' for the sake of brevity) dismissing the complaint filed by the appellant herein for non-prosecution and to restore the complaint on file.

(2.) The appellant/complainant contended that the respondent herein filed a Private Complaint before the learned JMFC-II at Hubballi alleging commission of forgery in Original Suit No.209/1997 before the learned Principal Senior Civil Judge, Hubballi, which was filed seeking partition of the family properties. It is stated that the said complaint came to be dismissed as the respondent had not filed any application under Section 340 of Cr.P.C. and there are no grounds for framing the charge against the appellant. Being aggrieved by the order of dismissal of the complaint, the respondent had preferred Criminal Petition No.728/2007 before this Court, which came to be dismissed vide order dated 25.01.2008.

(3.) The appellant herein who was the accused in Criminal Case No.691/2004 filed the Private Complaint in P.C.R.No.930/2009 before the learned JMFC-II at Hubballi alleging that the respondent as complainant defamed him by filing the criminal complaint and thereby committed the offence under Section 500 of IPC. It is stated that the respondent unnecessarily filed the criminal complaint against the appellant and thereby defamed his reputation and caused damages and he is liable for conviction under Section 500 of IPC. It is stated that the Trial Court took cognizance of the offence and Criminal Case No.606/2012 came to be registered. The respondent herein appeared before the Court and pleaded not guilty for the charges leveled against him. When the matter was pending for evidence of the complainant on 22.11.2013, the complainant had not appeared before the Court. The Court considered the absence of the complainant and proceeded to dismiss the complaint for non-prosecution. Being aggrieved by the order of dismissal passed in Criminal Case No.606/2012 by the Trial Court, the appellant is before this Court seeking restoration of the criminal case.