RAMESH Vs. A RAMANUJAM

JUDGEMENT

(1.) The interesting question that arises in this petition is : Whether in the proceedings initiated in a private complaint, one of the accused is entitled to the copy of the complaint, even when the other accused persons do not appear before the Court ? :

(2.) The facts that are relevant to dispose of the present petition are these : The complainant who is the respondent herein filed a complaint against a partnership firm (A1) and two others, including the petitioner (A3) being a partner of the partnership firm, for the offence punishable under Section 138 of the Negotiable Instruments Act. On receipt of summons, the petitioner appeared before the lower Court on 19-9-1997. The second accused Mrs. Brinda Vaidyanathan did not appear on that date. However, a petition under Section 317 of the Code of Criminal Procedure was filed on her behalf of the same was allowed. The hearing was adjourned to 26-9-1997 for her presence. At this juncture, the petitioner filed an application in Crl. M.P. No. 3792 of 1997 in the Calendar Case No. 5208 of 1997 before the lower Court requesting to furnish a copy of the complaint to him. This petition was dismissed by the lower Court on the ground that the copies will be furnished only after the second accused Brinda Vaidyanathan appears before the Court, that too after verification with the second accused whether the copy of the complaint was sent along with the summons and the same was received by her. This order is challenged in this petition.

(3.) Mr. Ravi Anantha Padmanabhan, learned counsel appearing for the petitioner would contend that in view of Rule 7 of the Criminal Rules of Practice and Section 204(3) of the Code of Criminal Procedure, every summons issued under Section 204(1) of the Code of Criminal Procedure shall be accompanied by a copy of the complaint and if not done, atleast on the date of first appearance, the accused shall be furnished with such a copy of the complaint and as such, the Court need not wait till the other accused appears before the Court.