SANKARI AMMAL BY HER POWER AGENT, P.L. MEENAKSHISUNDARAM Vs. R. RANGANATHAN, THROUGH HIS LOCAL COUNSEL S.R. SATHIVEL

JUDGEMENT

(1.) THE criminal revision is by the complainant in a private complaint filed against the respondent for an offence under S. 420, I.P.C., and is directed against the order of the Judicial First Class Magistrate, Coimbatore, dismissing complaint under S. 204(4), Crl.P.C.

(2.) THE facts giving rise to the present revision briefly are as follows: The petitioner herein preferred a private complaint against the respondent on the allegation that a diamond necklace belonging to her had been sold to the respondent, who subsequent to the sale in lieu of the price amount, issued three cheques, in all amounting to Rs. 75,000 all of which were dishonoured and that as a result of this transaction she had been induced to part with the diamond necklace and had been cheated thereby making out an offence under S. 420, I.P.C.

(3.) THIRU V. Nicholas, Learned Counsel appearing for the petitioner, submitted that the Court below was not justified in passing the impugned order. Since between the period 28.6.1982 when the case was taken on file and 22.6.1984, when the complaint was dismissed under S. 204(4), Crl.P.C., the petitioner's witnesses had been present on four different occasions and they had not been examined because there was a talk of compromise between the parties and that, therefore, the Court below ought not to have dismissed the complaint but should have granted a further adjournment to enable the petitioner to produce her witnesses.