ASHWIN KUMAR Vs. STATE

JUDGEMENT

(1.) AN unsuccessful petitioner has filed this revision petition under Section 397 of the Cr. P. C. against the order dated 20-1-2001 passed by the IV additional Chief Metropolitan Magistrate, Bangalore in C. C. No. 8001 of 1998 whereby, the Trial Court dismissed the application filed by this revision petitioner/accused under Section 239 of the Cr. P. C. and held that there are sufficient materials to frame the charge against him for an offence under sections 406 and 420 of the IPC. The main ground urged by the revision petitioner/accused is that even though the complainant has not produced any material to disclose the prima facie case, dismissed his application and framed the charge against him for the aforesaid offence which is contrary to law. The complainant ought to have been proceeded against him by filing a civil suit for recovery of the amount. The transactions entered into between the revision petitioner and the complainant is purely civil in nature and therefore, the allegation made in the complaint does not constitute the ingredients of Sections 407 and 420 of the IPC. In fact, the jurisdictional police i. e. , Indiranagar Police rejected the complaint of this respondent by holding that matter is of civil in nature. Hence, this revision petition.

(2.) HEARD, the arguments of both sides and perused the records.

(3.) THE respondent-Cubbon Park Police Station registered the case against this revision petitioner for an offence under Sections 406 and 420 of the IPC. Learned Counsel for the revision petitioner submitted that after refusal to register the complaint by the Indiranagar Police, respondent filed a private complaint against him for alleged offences. Accordingly, the said complaint came to be referred to the Cubbon Park Police, Bangalore, and after investigation, the Cubbon Park Police filed a charge-sheet against him. Therefore, when once the jurisdictional police refused to register the case, then the question of entertaining a private complaint filed by the respondent does not arise, and investigation done by the Cubbon Park Police is not at all maintainable and the same is liable to be dismissed. The Trial Court has not properly gone through the records to find out whether there is any primafacie case made out to frame the charge. Further, it is submitted that in the instant case, the transaction entered into between them is purely a civil in nature and therefore the order under revision is liable to be set aside.