UNITED CARGO CARE Vs. KUBERAN, STATE

JUDGEMENT

(1.) This petition has been filed to set aside the order passed by the Judicial Magistrate No.1, Thoothukudi in Cr.M.P.No.2438 of 2011 dated 09.05.2011 and further direct the 2nd respondent to register the complaint forwarded by the petitioner dated 18.03.2011.

(2.) The learned counsel appearing for the petitioner would submit that the petitioner has filed a private complaint before the learned Judicial Magistrate No.1, Tuticorin and the same was taken on file in Crl.M.P.No.2438 of 2001 on 09.05.2011. He would further submit that even though the petitioner has been filed under Section 156(3) Cr.P.C., the learned Judicial Magistrate No.1, Tuticorin, instead of forwarding the same to the jurisdictional police station, has come to the conclusion that simply because the proposed accused has failed to keep up the promise and not paid the balance amount, the same will not constitute the offences alleged in the complaint and dismissed the petition, against which the present petition has been filed for setting aside the same.

(3.) He would further submit that the petitioner has filed the private complaint only under Section 156(3) Cr.P.C, with a prayer to forward the complaint to the concerned jurisdictional police station and to made enquiry and to register the case and for investigation. But, the learned Judicial Magistrate, instead of forwarding the same, has dismissed the application as if the petitioner has been filed under Section 200 Cr.P.C., and hence, he prayed for the setting the said order and directing the 2nd respondent to register a case on the basis of the complaint filed by the petitioner.