BHARAT CREDIT CO OPERATIVE SOCIETY Vs. UMAKANT MUNIAYAPPA

JUDGEMENT

(1.) The petitioner has challenged the order dated 10-7-2007 passed by the Addl. Chief Metropolitan Magistrate, Bangalore, discharging the respondents, the accused before the Trial Court under Section 249 of Cr. PC.

(2.) The facts relevant for the purpose of this revision are as under : - I will be referring to the parties as per their rank before the trial Court for the purpose of convenience. The petitioner herein is the complainant and he filed a complaint under Section 200 Cr. PC. against the respondents herein who are the accused before the Trial Court requesting to take action against the accused for the offence punishable under Sections 379,405,408 and 4681.P.C. to deal against them in accordance with law. After filing the complaint the case was registered and the warrants were issued to the accused. They appeared before the trial Court and after hearing the counsel for the parties, the Trial Court passed a considered order on 2- 12-06 ejecting the memo of accused No. 3 to discharge her from the case and holding that there is prima facie case against accused Nos. 1 to 3 for the offence under Sections 381. 408,465 r/w Section 34 IPC. Hence the trial Court directed to frame additional charge against the accused for the said offence. It is thereafter the matter was postponed for framing charge against the accused on many occasions and on 9-7-2003 accused Nos.1 to 3 were present before the trial Court. The complaint was pending since long time for leading evidence after framing the charge. The Court ordered that the 'B' report filed by the police is accepted and respondent Nos. 1 to3 were discharged under Section 249 Cr. PC. Aggrieved by this order, the complainant has approached this Court in revision.

(3.) I have heard the learned counsel for both the parties. The points that arise for my consideration are : -