N J RAY Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is accused in C.C.No.465 of 2009 of the court of learned Judicial First Class Magistrate, Cherthala. That is a case arising from a private complaint preferred by respondent No.2 for offences punishable under Sections 279, 337 and 338 of the Indian Penal Code (for short, "the Code"). According to respondent No.2, on account of the rash and negligent driving the car driven by petitioner hit the car which respondent No.2 was driving, resulting in damage to the car and injury to respondent No.2. It is contended by petitioner that no offence as alleged is made out, Police had registered a case against respondent No.2 for offences punishable under Sections 279 and 337 of the Code, he faced trial but on account of the understanding reached between petitioner and respondent No.2, petitioner did not give strong evidence and thereon respondent No.2 was acquitted. Learned counsel has also invited my attention to various records produced along with this petition.

(2.) I have heard learned counsel for petitioner, respondent No.2 and the Public Prosecutor.