KUNHIMUHAMMED Vs. KHADEEJA

JUDGEMENT

(1.) THE order on C. M. P. No. 4432 of 1993 of the Judicial first Class Magistrate, Kozhikode filed under s. 473 Cr. P. C. is under challenge in this revision. By the said petition the petitioner sought to condone the delay of 15 days to file the complaint against the respondent for an offence punishable under S. 138 of the Negotiable instruments Act, for short the Act. It was submitted that he was hospitalised at the relevant time and could not file the complaint within the period prescribed. He produced a certificate from the doctor who treated him and prayed that the delay may be condoned. THE Court below by the impugned order refused to condone the delay and dismissed the petition.

(2.) HEARD counsel for the petitioner.

(3.) A complaint as defined in S. 2 (d) Cri. P. C. means: "any allegation made orally or in writing to a magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report; Explanation: - A report made by a police officer in a 'case 'which discloses, after' investigation, the commission of a non-cognizable offence shall be deemed to be a complaint and the police officer by whom such report is made shall be deemed to be the complainant". By definition it. is not an application which includes a petition within clause (b) of S! 2 of the Limitation Act, 'but "an allegation as to 'an offence made orally or in writing to a Magistrate with a view to his taking action". The Code also provides for condition for taking cognizance of an offence on a complaint and the procedure to fee followed therefor. Indeed distinction is also seen made in the Code between complaint - complainant (see S. 170 (2),171 and the provisions Chapterxv. S. 259, 250, 256, 257 and 312;, Under?. 98 Q. P. C. "upon complaint made on oath of the abduction or unlawful detention of a woman, or a female chili! under the age of eighteen years, for any unlawful purpose a District Magistrate, Sub Divisional magistrate or Magistrate of the First Class may make an order for the immediate isolation of such woman to her liberty, or of such female child to her husband, parent, guardian or other person having the lawful charge of such chili}, and may CQinpel, compliance with such order using such lorcc as may be necessity", 1) No court shall take cognizance - (iii) exception the complaint in writing ottlic public servant concerned or of some other public servant to whom he is administratively subordinate; (b) (i) of any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely, (ii) of any offence described in S. 463, or punishable under S. 471, S. 475 of S. 476,ofttiesaid'code (iii) of any criminal conspiracy to commit, or attempt to commit, or the abetment Of, any offence specified in sub-clause (i) or sub-clause (ii) except on the complaint in writing of that Court, or of some other Court to which that Court is subordinate. Undo-S. 198: "no court shall take cognizance of an offence punishable under Chapter XX of the Indian Penal Code (45 of 1860) except upon a complaint made by some person aggrieved by the offence". Under S. 199: "no court shall take cognizance of an offence punishable under Chapter XXI of the Indian Penal Code (45 of 1860), except upon a complaint by some person aggrieved by the offence". and under sub section (2) of the above Section: " (2) Notwithstanding anything contained in this code, when any offence falling under Chapter XXI of the Indian Penal Code is alleged to have been committed against a person who, at the time of such commission, is the President of India, the Vice President of India, the governor of a State, the Administrator of a Union Territory or a Minister of the Union or of a State or of a Union Territory, or any other public servant employed in connection with the affairs of the Union or of a State in respect of his conduct in the discharge of his public functions a court of Session may take cognizance of such offence, without the case being committed to it, upon a complaint in writing made by the Public Prosecutor".