KANAPARAJU NARSIMHARAJU Vs. ADLURI BHASKER

JUDGEMENT

(1.) THIS Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C') is filed by the revision petitioner/complainant challenging the judgment dated 16.10.2007, passed by the learned Judicial Magistrate of I Class, Godavarikhani, in C.C.No.584 of 2005, whereunder and whereby the respondent/accused was acquitted for the offence punishable under Section 209 of the Indian Penal Code, 1860 (for short, 'IPC').

(2.) THE revision petitioner herein is the complainant and the respondent herein is the accused before the Judicial Magistrate of I Class, Godavarikhani in C.C. No.584 of 2005. For the sake of convenience, the parties hereinafter will be referred to as they are arrayed before the trial Court.

(3.) THE case of the complainant in brief is that himself and the accused are working in NTPC and residing at NTPC quarters, Ramagundam. The complainant obtained a loan of Rs.50,000/ - from the accused by pledging gold ornaments and executed a promissory note to that effect on 29.11.1998 with a condition to discharge his debt within three months and in case he fails to pay the amount, the accused is at liberty to dispose of the pledged articles. The accused having remained silent for about three years, filed a suit in O.S.No.219 of 2004 against him on 26.11.2001 by falsely claiming Rs.77,500/ - on the basis of promissory note and concealing the fact of pledge. The complainant received summons and contested the matter, and finally the said suit was dismissed on 20.06.2005. The complainant stated that he suffered mentally and financially from the year 2002 because of the accused as he made a false claim in the Court of Justice concealing the real facts and on the false information that the complaint is filed within the limitation. The cause of action arose on 26.11.2001 when the accused filed a complaint furnishing the false information and made a false claim and continued the same till the date of judgment i.e. 21.02.2005. Therefore, prayed the Court to take cognizance of the offence punishable under Sections 177, 182 and 209 IPC against the accused.