VELAGA SATYA VENKATA SEETARAMAM Vs. KUNTAAM NARAYANAMMA

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure is filed to quash the order dated 6.9.1999 passed in CrI.R.P.No. 37 of 1997 on the file of the learned Additional District and Sessions Judge, Visakhapatnam confirming the order dated 2.3.1997 in C.C. No.82 of 1993 on the file of the learned Judicial First Class Magistrate, Narsipatnam.

(2.) Before adverting to the question as to whether the impugned judgment suffers from any legal infirmity requiring any interference by this Court as such in exercise of its jurisdiction under Section 482 Cr.P.C., it may be necessary to briefly notice the relevant facts.

(3.) The petitioner is the complainant in C.C. 82 of 1993 on the file of the learned Judicial First Class Magistrate, Narsipatnam. He filed a private complaint against A-l to A-10 alleging that they have committed the offences punishable under Sections 424,425 and 427 JPC. The complainant examined PWs I and 2 and got marked Exs.P-1 to P-9 in order to establish the guilt of the accused. On behalf of the accused, DW-I was examined but no documents were marked. the learned Magistrate upon consideration oral and the documentary evidence adduced on behalf of the petitioner- complainant and upon consideration of the version of the defence, found all the accused persons not guilty of the offences punishable under Sections 424 and 427 IPC and accordingly acquitted all of them by judgment dated 21th March 1997. The learned Magistrate while acquitting the accused persons, issued show-cause notice purporting it to be under Section 250(1) Cr.P.C. to the petitioner-complainant for filing a private complaint against A-1 to A-4, A-6, A-9 and A-l 1 (respondents herein) to show-cause as to why it should not be ordered to pay compensation of Rs.500/- to each one of them for making accusations without any reasonable ground. The petitioner-complainant submitted his written explanation on 31.3.1997 and 2.4.1997. The learned Magistrate after taking into consideration the explanations submitted by the petitioner-complainant, came to the conclusion that the complainant vexatiously prosecuted the respondents-accused persons without any reasonable ground and accordingly ordered the petitioner-complainant to pay compensation of Rs.500/- to each of the respondents herein by order dated 29.5.1997.