SANTHAPPAN Vs. JEYA SEELI

JUDGEMENT

(1.) THE petitioner has filed a private complaint before the learned Judicial Magistrate, Manapparai for offences punishable under Sections 464, 468 and 471, IPC. The learned Magistrate on perusal of the private complaint and after hearing the arguments of the counsel for the complainant dismissed the same. Aggrieved against that, the present revision petition has been filed.

(2.) THE learned counsel for the petitioner submits that on perusal of the private complaint prima facie materials are available to substantiate the offence. But, the learned Magistrate erroneously, without considering the averments made in the complaint, refused to take the private complaint on file.

(3.) PER contra, the learned counsel for the respondent submits that it is a dispute between the shareholders of a movable property. Initially a complaint has been lodged before the police and it was referred. Subsequently, a private complaint has been filed and the learned Magistrate has referred the same for investigation and even then the referred report has been filed. This is the third attempt made by the petitioner. It is further submitted that the allegations and averments made in the complaint are purely of civil nature and it is not a fit case for taking cognizance.