K SHAM RAO Vs. A R DIWAKAR

JUDGEMENT

(1.) This revision petition by the complainant is directed against the order dated 18-11-1978 passed by the ,11 Additional Chief Metropolitan Magistrate, Bangalore in C.R. No, 45/77 accepting the 'B' report submitted by the Police and refusing to take cognizance of the complaint.

(2.) Few 'facts of the case are that the complainant-petitioner lodged a complaint before the learned Magistrate on 18-12-1974 which is in brief as follows: That the complainant is one of the persons who is associated with the members of the Lokashikshna Trust, which came into existence in or about the year 1935, in several activities. The several activities of the Trust included the publication OF the daily news paper Samyukta Karnataka from Hubli and Bangalore with offices at the above places. The trust owns properties and the accused who is the Secretary of the Trust has been operating the finance of the Trust in the said capacity. The accused, it is alleged, has withdrawn certain amounts totalling Rs. 6,055 from the Trust account from the Vijaya Bank, Residence Road Branch in between 8-7-1974 and 8-10-1974 and after having withdrawn the said amounts he has not brought the same into the books of account of the trust and in that view of the matter the complainant alleged that the accused has committed the offence of misappropriation.

(3.) The learned Magistrate after having received the complaint, without taking cognizance of the same referred 'the matter under Sec. 156(3) Cr. P.C. to the Shoolay Police Station for investigation and report and the same was registered in Crime No. 6/75 under Sec. 408 I.P.C. by the Shoolay Police and after investigation, the Police filed a 'B' report on 17-6-1975 stating that the case is a false one,