RANA VAJUBHA GUMANSINGH Vs. RANA KATUBHAI GUMANSINGH

JUDGEMENT

(1.) The petitioner is original complainant. He filed Criminal Case No. 542 of 1980 in the Court of the Judicial Magistrate First Class Limbdi against opponents No. 1 to 3 who are original accoused. It was alleged against the accused that they had produced false and fabricated documents on 28-9-1978 in the proceedings under the Gujarat Rural Debtors Relief Act 1976 (hereafter referred to as the Act) before the Debut Settlement Officer. The learned Magistrate framed a charge against the accused on the basis of these allegations. Thereafter the accused gave application Exh. 9 and contended that in view of sec. 196(1) (b)(ii) of the Code of Criminal Procedure 1973 (hereafter referred to as the Code) only the Court has power to file a complaint in such cases and as the present complaint was filed by a private individual it deserves to be dismissed. The learned Magistrate held that the Debt Settlement Officer is a Court within the meaning of that term as defined by sec. 195 of the Code and on that basis he further held that the complaint filed by the complainant was not maintainable. He therefore dismissed the complaint and acquitted the accused. That order is challenged by the petitioner in this revision application.

(2.) What is urged by the learned advocate for the petitioner is that the learned Magistrate has committed an error in holding that the Debt Settlement Officer is a Court as defined by sec. 195(1)(b) of the Code. For the purpose of appreciating this submission it will be necessary to refer to the relevant portion of sec. 195 of the Code which reads as under:

(3.) Similar view has been taken by this court in respect of the Tribunal constituted under the Gujarat Secondary Education Act 1972 in Criminal Revision Application No. 552 of 1979 decided on 8-2-1980 reported in (1581) XVIII G.L.T. 151 (Arvind C. Pathak v. Sankalchand P. Desai).