RAMESH THANERAM GUPTA Vs. DADARAO RAMCHANDRA GUDADHE

JUDGEMENT

(1.) HEARD Shri. Chandurkar, learned Counsel for the applicants, and Shri. Loney, Additional Public Prosecutor for the non-applicant no.7. None appears for the non-applicant nos. 1 to 6 though served.

(2.) THE criminal revision application is directed against the order dated-22.1.2001 passed by the Judicial Magistrate, First Class whereby the learned Magistrate has recalled the process issued against non-applicant nos. 1 to 6 vide order dated10.8.2000 and dismissed the criminal complaint filed by the applicants for the offences punishable under Sections 120-B and 420 of Indian Penal Code.

(3.) IT is submitted by learned Counsel Shri. Chandurkar that when punishment for the offence is not exceeding two years, then such case is triable as summons case as per Clause (w) of Section2 of the Code of Criminal Procedure and where offence is punishable with death, imprisonment for life or imprisonment for a term exceeding two years, then such case is triable as a warrant case as per Clause (x) of Section2 of the Code of Criminal Procedure. IT is contended that in the instant case, the criminal complaint is filed by the applicants for the offences punishable under Sections 120-B and 420 of Indian Penal Code. The punishment provided for the offence under Section420 of Indian Penal Code is imprisonment for seven years and fine and, therefore, the same falls within the category of warrant case. However, this Court in the case of Uttam Krishnaji Levarkar (cited supra) relied on the judgment of the Apex Court in K. M. Mathew Vs. State of Kerala and another (AIR 1992 SC 2206) for the purpose of holding that the Magistrate can recall the order of issuance of process, if accused satisfies the Magistrate that no sufficient ground or material is available to proceed against him.