RAKKAMMAL Vs. IRULAPPA KONAR

JUDGEMENT

(1.) THIS criminal revision, by a private party (P. W. 2) is directed against acquittal of respondents 1 to 10, by the Judicial First Class magistrate. Devakottai. in C. C. 39 of 1977, of offences under Ss. 120-B, 419, 420, 468 and 471, I. P. C. , and S. 82 (c) and (d) of the Indian Registration Act, on the ground that since some of the offences come within the purview of s. 195 (1) (b) (ii) ,crl. P. C, the trial Court ought not to have taken cognizance of the same, without a Complaint from the concerned court, as required under the above section.

(2.) FACTS briefly are - The petitioner, by name Rakkammal, on 13. 8. 1944 under the original of Ex. P2, othied certain items of property in favour of the first respondent. On 8. 6. 1945 under the original of Ex. P1, she othied certain other items of property in favour of one Ariya Muthu, who is father of respondents 2 and 3 herein. The lands continued to be in the possession of the respective mortgagees. In May, 1974, the petitioner approached respondents 1 to 3 (Ariya Muthu having died and respondents 2 and 3 having succeeded him) for redeeming the mortgages. Respondents 1 to 3 however demanded that the petitioner should execute sale deeds in their favour and that they were agreeable for purchasing the property. The petitioner was not willing to sell the properties. She therefore, on 8. 8. 1974 filed O. S. No. 333 of 1974 in the court of District Munsif at Paramakudi against respondents 2 and 3 for redemption of the mortgage. On 9. 8. 1974, she filed O. S. No. 330 of 1974, against the first respondent therein, for redemption of the mortgage in his favour. Meantime she came to know that the respondents 1 to 10 have conspired together and on 24. 7. 1974 and 25. 7. 1974 respondents 1 to 10 with the 6th respondent impersonating the petitioner had brought into existence, two registered sale deeds, the originals of Ex. P3 and P4 purporting to be executed by her in favour of respondents 1 and 2 respectively. She therefore, on 12. 8. 1974, made a complaint about the above facts before the District Registrar. Sivaganga, who in turn, forwarded the same to the registrar of Kalaiyarkoil, who prepared a Complaint Ex. P20, and sent it to the sub-Inspector of Police, Kalaiyarkoil. Ex. P20 was registered as Crime No. 193 of 1974 of Kalaiyarkoil Police Station, for offences under Ss. 419, 420 and 467, i. P. C.

(3.) THE trial Court without going into the evidence recorded and the truth or falsity of the allegations, acquitted the accused on the ground that the original of Ex. P3 and P4 had been produced before the district Munsif, Parmakudi in O. S. Nos 330 and 333 of 1974 and that therefore the offences, if any, committed with reference to Ex. P3 and P4 came within the purview of S. 195 (i) (b) (ii) and (iii), Crl. P. C, and that the criminal court ought not to have taken cognizance of the case, in the absence of a Complaint by the civil court, as required under S. 195, Crl. P. C. Reliance was placed upon a decision of this Court reported in Narasimhamoorthy, In re, A. I. R 1955 Mad. 237: (1954) 1 M. L. J. 650: 1954 M. W. N. 231: 1954 M. W. N. (Crl) 55; for holding that the cognizance initially taken by him was illegal. Challenging the legality of the acquittal P. W. 2 has preferred the present revision. THE State has not chosen to file any appeal.