MOHAMMED YUSUF Vs. I. MOHAMMED RAFEEK

JUDGEMENT

(1.) The petitioner is the accused in C.C.No.201 of 2013 on the file of the learned Judicial Magistrate No.II, Krishnagiri, Krishnagiri District.

(2.) The respondent/complainant filed a private complaint under section 200 of Criminal Procedure Code, 1973 against the petitioner/accused herein, for the alleged offences punishable under Sections 420 and 467 of IPC.

(3.) The petitioner/accused in the instant petition, has contended that the respondent/complainant on an earlier occasion lodged a complaint dated 24.06.2009 with the Inspector of Police, Krishnagiri Police Station and the same was closed as mistake of fact and referred a charge sheet was also filed before the Judicial Magistrate No.II, Krishagiri. He would further contend that the respondent/complainant did not file any protest petition before the Judicial Magistrate No.II, Krishnagiri, before whom referred charge sheet was filed, eventhough the respondent/complainant was served with a notice. His specific contention is that on the same set of facts the respondent filed the petition under section 200 of Criminal Procedure Code, 1973 and that too after a lapse of two years, in C.C.No.201 of 2013 before the Judicial Magistrate No.II, Krishnagiri.