LAWS(KER)-2004-6-29

K VASUDEVAN Vs. STATE OF KERALA

Decided On June 24, 2004
K Vasudevan Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) IS the proceedings under Section 200 Cr. P.C. "inquiry" as defined under Section

(2.) The complainant, in a complaint under Section 138 of the Negotiable Instruments Act, has preferred this revision petition against the order passed by the learned Magistrate "closing" the complaint. I extract below the impugned order:

(3.) THE learned counsel for the petitioner, has taken me through the facts of the case. The complainant had filed the complaint under Section 138 of the Negotiable Instruments Act. He had also filed an affidavit under Section 145 of the Negotiable Instruments Act. The counsel contends that though the affidavit under Section 145 of the Negotiable Instruments Act was filed, the learned Addl. Chief Judicial Magistrate was not prepared to accept and act on the said affidavit. The learned Magistrate unnecessarily insisted on the personal appearance of the petitioner/complainant before the learned Magistrate to record his sworn statement under Section 200 Cr. P.C. That is the real reason that prompted the learned Magistrate to pass the impugned order, it is submitted.