SUGESAN FINANCE INVESTMENT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Revision is directed against the order dated 29-9-1983 of the Metropolitan Magistrate, II Court, Bangalore, in his proceeding No. P.C.R. 27/83. That proceeding was on a private complaint filed by the petitioner u/s 200 of the Cr.P.C, against the accused (respondents 2 and 3 herein) for an offence under Sec, 406 of the I.P.C.

(2.) After the complaint was presented by the complainant, the complaint was posted to hear re : the jurisdiction. Two days later he heard the counsel appearing for the complainant, perused the complaint and the documents produced along with the petition and ordered as under:

(3.) Challenging this order two submissions were made by the counsel for the complainant (petitioner herein). His first submission is that without recording the sworn statements of the complainant and his witnesses, if any, the court below could not have dismissed his complaint on the ground that the dispute between the parties was of a civil nature. And his second submission is that the averments made in the complaint prima facie spell out a case of an offence punishable under the Indian Penal Code and there-fore the court below ought to have taken cognizance of the same and proceeded further.