J KESHAVULU Vs. NAWAB NADHIR ALI MIRZA

JUDGEMENT

(1.) By an order, dated 9th November, 1979 made in C.C. No. 481 of 1978, the IV Metropolitan Magistrate, Hyderabad while allowing Crl.M.P. No. 611 of 1979, permitted the Assistant Police Prosecuting Officer to withdraw the case and acquitted the accused therein, Nawab Nadir AH Mirza, who can hereafter be conveniently referred to as 'the Nawab. The said Nawab, it is stated, married the grand-daughter of the Ex-Nizam of Hyderabad. The same Magistrate, by an order, dated 13th November, 1979 dismissed the private complaint filed by one P. Keshavulu in exercise of his powers under section 203, Criminal Procedure Code. Both the revisions are filed by P. Keshavulu, the former questioning the grant of permission by the Magistrate under section 321, Criminal Procedure Code, and the latter questioning the correctness of the dismissal of his private complaint.

(2.) The material facts which are mostly common to both these revisions are these...... the Nawab is a beneficiary of Trust created by the Ex-Nizam. Keshavulu is working as the Chief Cashier in the firm of M/s. Rampershad Janki Pershad & Sons situated at Abids Road in Hyderabad. The said firm deals among other things in discounting cheques, issued either by the Government or by some recognised institutions. At 11.30 A.M. on 12th July, 1977, the Nawab presented a bearer cheque No. 466900 for Rs. 10,000 and it purported to have been issued on the Central Bank of India by the H. E. H. Nizam's Trust in favour of the Nawab. Keshavulu received it and discounted it for Rs. 9,950 and in his presence the Nawab signed on the back of the cheque and also on a certain register and slip maintained by Keshavulu in his shop. Keshavulu sent the cheque through his son Janardhaat Rao for encashment to the Central Bank of India and Janardhana Rao was accompanied at that time by one Narayana Das. By about the time the cheque reached the Central Bank, the Nizam's Trust gave a complaint at Sultan 'Bazar Police Station allegating that one blank cheque was found missing from the Trust Office. The Sultan Bazaar Police registered that complaint in Crime No. 227 of 1977 under sections 420 and 411, Indian Penal Code. Meanwhile, the officials of the Central Bank suspected the genuineness of the Cheque No. 466900 and informed the Trust Office and the Sultan Bazar police people came to the Central Bank of India and took Janardhana Rao, into custody. Keshavulu also, on knowing about this incident at the Central Bank of India, reached the Bank and found that the cheque No. 466900, which he had earlier discounted in favour of the Nawab, was forged. He gave a complaint at the Abids Police Station against the Nawab and the Abids Police registered the same in Crime No. 161 of 1977 under section 420, Indian Penal Code. Ultimately, the Abids Police investigated into the case in both the Crime Nos. referred to above and filed a charge-sheet, against the Nawab in August. 1978, alleging offences under sections 419, 420. 467 and 411, Indian Penal Code. That charge-sheet was filed after the police referred the cheque to a Handwriting expert whose opinion is that the writing in the cheque is that of the Nawab. In the charge-sheet as many as 17 witnesses were cited by the Police and after going thorough the material, the Magistrate took the same on his file in C.C. No. 481 of 1978.

(3.) While the case was pending trial, several adjournments were taken by the Nawab on the ground that he was expecting Government's order to withdraw the prosecution against him, Keshavulu became alert and then filed his private complaint on 8th August, 1979 alleging the same facts and listing out the same witnesses as were mentioned by the police in the charge-sheet filed by the police. The Magistrate, without examining the complainant, kept it pending as S.R. No. 1867 of 1979 and posted it for counter and arguments to 13th August, 1979. He went an adjourning the complaint till 9th November, 1979 on which date he recorded the evidence of Keshavulu in the private complaint case. In the private complaint case, three other witnesses were examined on 18th November, 1979. As Keshavulu felt that if the Magistrate had passed any orders in C.C. No. 481 of 1979 permitting the Assistant Police Prosecuting Officer to withdraw the case he would be prejudiced he applied meanwhile to the High Court in Crl.M.P. No. 1668 of 1979 for directions to be issued to the Magistrate under section 482, Criminal Procedure Code, requiring him to proceed with his private complaint. Crl.M.P. No. 1668 of 1979 originally came before Muktadar, J. who referred the same to a Bench. The matter came before Madhusudan Rao and Amareswari, JJ., and the petition was disposed of by the said Bench on 28th September, 1979 and this Court held that it is for the Magistrate to deal with the application filed before him under section 321, Criminal Procedure Code, but he cannot refuse to make any progress with the private complaint came till after he passed any orders on the application filed before him under section 321, Criminal Procedure Code.