VTHIMMA REDDI Vs. DAMMUR GANGAMMA

JUDGEMENT

(1.) This petition arises out of an order passed by the District Judge, 'Bellary. directing the District Munsiff to lodge a complaint against the petitioners under Section 476, Cr. P. C., for offences under Sections 193, 209, 463, 465 and 467. I. P. C. The District Munsiff before whom a petition had been filed under Section 476, Cr. P. C., had dismissed it on the ground that no prima facie case was made out to impel him to take action.

(2.) The facts leading to the said petition are as under: The petition in O. P. 4/49 from which this petition arises, was filed before the District Munsiff by the 1st defendant in O. S. 145/48 of that Court. The said original suit was filed against her for the recovery of the amounts due on a pronote dated 16-5-45 for Rs. 2000/- alleged to have been executed by the late Thimma Reddy, her deceased husband. The defendant having opposed the claim, the trial Court dismissed the suit for the reason that the pronote was not genuine. The pronote bore genuine signature on the stamps affixed thereon but on the circumstantial evidence available in the case, the court upheld the theory of the defendant that they were the stamps that had already been used for some other document and which are re-affixed to concoct the suit pronote.

(3.) The suit is said to have been disposed of on 7-10-48. More than three months thereafter, O. P. 4/49 was filed by which time, the Judge who had decided the original suit had left the place. The succeeding Judge Investigated into the merits of the evidence and reached the conclusion that it was not a fit case where the Court should lodge a complaint, as there was no direct evidence to make out a prima facie case connecting the counter-petitioners with the alleged concoction ' of the pronote. On appeal, the District Judge re-assessed the same evidence and allowed the appeal by directing the trial Court to lodge the complaint as prayed for, leaving it to the Magistrate before whom it might be filed to hold a preliminary enquiry either by himself or through the police, to enable both sides to produce such additional evidence as they may have relating to the points in issue before the case is taken up on file and proceeded with. This revision petition has been filed against that order.