BOMMIDI MADHU SUDHANARAO Vs. KALLAPU RAMESH

JUDGEMENT

(1.) Aggrieved by the order dated 16.10.2003 made in SR No. 409 of 2002 by the learned II Additional Judicial Magistrate of I Class, Bhimavaram, whereby the learned Magistrate refused to take cognizance of the offences against the Respondents 1 & 2 herein, the Petitioner approached this Court and filed the present revision.

(2.) Brief facts are that the Petitioner filed a private complaint before the court below against the Respondents herein for the alleged offences punishable under Section 138 of Negotiable Instruments Act and under Section 420 of IPC. The court below referred the same to the police under Section 156(3) of Code of Criminal Procedure and the police after investigation referred the same as "Civil in Nature". In the light of the said reference, the Petitioner again filed Anr. private complaint against the Respondents 1 & 2 for the very same offences and the same was numbered as SR No. 409 of 2002. As stated supra, the same was rejected by the court below holding that the same is barred by limitation.

(3.) Though notices are sent to the Respondents 1 and 2 the same are not returned unserved. However as the point involved in the present case is between the court and the Petitioner, this Court is of the view that there is no need for this Court to hear the Respondents 1 and 2.