A C ABBAS Vs. A M MOHAMMED SHAFI

JUDGEMENT

(1.) The petitioner is aggrieved by the dismissal of his private complaint by the learned Magistrate invoking the powers under Section 203 Cr.P.C. His challenge in revision was also turned down by the learned Sessions Judge.

(2.) The petitioner faces indictment in a prosecution under Section 138 of the N.I. Act. It is his defence in the said case that the cheque was stealthily snatched by the complainant in that case. After the said cheque was presented and dishonoured and the complainant in that case started steps to prosecute the petitioner, the petitioner raised a complaint before the learned Magistrate that the cheque was forcibly taken out of his possession. That complaint was referred to the police under Section 156(3) Cr.P.C. The police, after investigation, referred the said case. It is aggrieved by that conduct of the police that the petitioner filed the protest complaint. The learned Magistrate examined the complainant and his witnesses. The learned Magistrate appears to have very carefully scrutinised the allegations. The learned Magistrate came to the conclusion that there is no sufficient ground to proceed against the accused person i.e. the second respondent herein. A detailed order was passed under Section 203 Cr.P.C. giving the reasons for such conclusion. In revision, the learned Sessions Judge upheld the conclusion of the learned Magistrate.

(3.) The petitioner has come to this court with this petition praying that the inherent jurisdiction under Section 482 Cr.P.C. may be invoked. What is the reason? The learned counsel for the petitioner only submits that the learned Magistrate had adverted to the facts in greater detail and more exhaustively than was strictly necessary for a Magistrate at the stage of Section 203/204 Cr.P.C.