LAWS(MAD)-2016-6-345

MOHAMMED BASHIR Vs. MAHESH MENON; O M XAVIER; SRIRAM, ZONAL SALES MANAGER; KUMAR REGIONAL SALES MANAGER; SENTHIL AREA SALES MANAGER; INSPECTOR OF POLICE, CITY CRIME BRANCH

Decided On June 21, 2016
MOHAMMED BASHIR Appellant
V/S
Mahesh Menon; O M Xavier; Sriram, Zonal Sales Manager; Kumar Regional Sales Manager; Senthil Area Sales Manager; Inspector Of Police, City Crime Branch Respondents

JUDGEMENT

(1.) As against the refusal of the learned Judicial Magistrate No.I, Tirunelveli, to forward his complaint, under Section 156(3) Cr.P.C., the complainant has directed this revision.

(2.) The learned counsel for the revision petitioner contended that taking the allegations as such in the complaint, as it discloses cognizable offences under Sections 120-B, 406, 420 and 506(1) I.P.C., the refusal of the learned Judicial Magistrate to forward the complaint is not in accordance with law.

(3.) On the other hand, the learned counsel for the private respondents would submit that even a cursory reading of the allegations in the complaint would show that it is a case of alleged breach of contract. It looks like a plaint in a civil case. It is out and out a civil case. In such circumstances, as it does not disclose any cognizable offence, the learned Magistrate has rightly dismissed the complaint.