J.N.CHANDRASEKARAN Vs. S.P.MURUGESAN

JUDGEMENT

(1.) THE petitioner has approached this Court to set aside the return endorsement, dated 10.05.2010 made by the learned Judicial Magistrate, Thuraiyur, returning the unnumbered C.M.P.No.....of 2010 and direct the learned Judicial Magistrate, Thuraiyur, to take the private complaint on file.

(2.) THE learned counsel appearing for the petitioner submitted that the petitioner has given a private complaint before the learned Judicial Magistrate, Thuraiyur against the respondents/seven proposed accused persons, to take on file the private complaint regarding cognizable offences under Sections 406, 418 and 420 read with 120 -B, I.P.C, but the learned Judicial Magistrate has returned the same stating that the dispute is civil in nature and directed the petitioner to approach the appropriate Court. Learned counsel for the petitioner submitted that the learned Judicial Magistrate has no right to return the private complaint and he ought to have invoked Section 156(3) Cr.P.C or Section 200 Cr.P.C and disposed of the private complaint in accordance with law. To substantiate his arguments, he relied upon the various decisions of this Court and Apex Court and prayed for allowing this Crl.O.P.

(3.) MR .Anand, who was appointed as Amicus Curiae for the respondent, submitted that the learned Judicial Magistrate is having only two options viz., to forward the private complaint under Section 156(3) Cr.P.C to the jurisdictional Police Station and direct them to make an enquiry and act in accordance with law or to examine the complainant under Section 200 Cr.P.C and to decide the matter in accordance with law. While considering the rival submissions made by both sides, it is seen that the petitioner has filed a private complaint against the respondents/proposed accused persons for the offences punishable under Sections 406, 418 and 420 r/w Section 120 -B, IPC, stating that he has already given a complaint before the Superintendent of Police, Trichy, which was received and numbered as C.S.R.No.30 of 2010, but since no action had been taken, the petitioner has filed the private complaint before the Judicial Magistrate, Thuraiyur, to direct the concerned police to register a case on the basis of the complaint given by the petitioner as per the provisions of Section 156(3) Cr.P.C. and the learned Magistrate returned the private complaint with the following endorsement: