N BOSE Vs. NIRMALA

JUDGEMENT

(1.) INVOKING the inherent powers of this Court under Sec.482 of the Code of Criminal Procedure, the petitioner in both the above cases, who was the accused in C.C.No.103 of 1990 and C.C. 104 of 90 on the file of the Judicial Magistrate No.III, Coimbatore, faced the trial for the offence punishable under Sec.138 read with 142 of the Negotiable Instruments Act, hereinafter referred to as Act 16 of 1988, in private complaints filed by the respondents herein respectively under Sec.200 of the Code of Criminal Procedure, and during the course of the trial of the said cases. Petitions under Sec.190 of the Code of Criminal Procedure on his behalf praying the learned Magistrate to take cognizance of the offence committed by one of the witnesses cited in the said private complaints filed by the respondent for the offence punishable under Sec. 420 of the Indian Penal Code, which were since rejected by the learned trial Magistrate, the petitioner has canvassed the said impugned orders, by way of seeking direction to the learned trial Magistrate, to take cognizance of the offence committed by the said witness Sundaram Chettiar and another in the said cases and hence, the present petitions.

(2.) BRIEF facts, as culled out from the returned petitions, filed on behalf of the petitioner, filed under Sec.190 of the Code of Criminal Procedure Code, which led to the filing of the above petitions, are stated, as follows: Both the respondents herein, filed private complaints against the petitioner for the alleged offence punishable under Sec.138 read with 142 of the Negotiable Instruments Act, which were taken on the file by the learned Judicial Magistrate No.III, Coimbatore, as C.C.Nos.103 and 104 of 1990 respectively. It appears from the averments, that the respondents had initiated the said complaints after giving registered notice to the petitioner but however after he replied the same by repudiating every one of the allegations made therein and that in which, the petitioner seems to have denied the very issuance of the cheques in question referred to in the said registered notice by narrating all the facts, according to him, which led to his being cheated by the respondents herein and their father by name Sundaram Chettiar and his Accountant and that therefore, a commission of an offence punishable under Sec.420 of the Indian Penal Code, was alleged against the father of the respondents herein in both the cases. By relying upon the xerox copy of the notice and reply notice above referred, it appears that the petitioner has filed petitions under Sec.190 of the Code of Criminal Procedure, in both the cases before the learned trial Magistrate to treat the said petitions as complaints under Sec.200, Crl.P.C. and take cognizance of the offence as provided under Sec.190 of the Code of Criminal Procedure and enquire the same by issuing process to Sundaram Chettiar and his Accountant., However, the said petitions were returned by the learned Magistrate for compliance of the maintainability. But it was represented again, by stating but separate complaints were not at all necessary and that the Court has got ample powers to take cognizance of the offence committed by the respondents complainants and it was represented for taking cognizance and rendering justice. However, the same was not accepted by the court below.