ANEESH. P. Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITION filed under Section 438 Cr.P.C. The petitioner is the accused No.1 in crime No.1089/2013 of Mannamthala Police Station, which has been registered for the offences under Sections 420 IPC.

(2.) THE first informant was the owner of a goods vehicle. He obtained financial assistance and he was indebted to the financier when he sold it to the petitioner on 12.11.2011 for Rs.9 lakhs. The petitioner agreed to discharge the liability of Rs.7 lakhs to the financier and to pay the balance amount of Rs.2 lakhs to the first informant within one week. The first informant gave him the documents relating to the vehicle except the original registration certificate. The second accused introduced the petitioner and the third accused to the first informant. The first informant agreed to sell the vehicle to the petitioner only because the second accused made him believe that the petitioner and the third accused are very rich and the petitioner would discharge the liabilities. But the petitioner did not pay any amount except Rs.20,000/ -, which he remitted in the account of the wife of the first informant. He did not renew the policy/permit or pay the tax. The first informant got information from the petitioner that the vehicle was in a workshop in Tamil Nadu. The first informant went there. One of the employees of the workshop told him that the petitioner had the intention to make it a Tamil Nadu registered vehicle. These are the allegations in the complaint filed by the first informant in the court of the learned Magistrate concerned. The learned Magistrate forwarded it to the Station House Officer under Section 156 (3) Cr.P.C, on the basis of the which the police have registered this case.

(3.) ALONG with the complaint, the first informant did not produce even a scrap of paper which is relevant for the purpose. The learned Magistrate should not have forwarded the complaint to the police. Filing complaints to pressurise others to settle disputes between them has been deprecated by the Hon'ble Supreme Court.