9911796707
TMI Blog2021 (6) TMI 954X X X X Extracts X X X X X X X X Extracts X X X X ..... heque, before the 2nd respondent had initiated action against this petitioner - Only after getting notice in the proceedings under Section 138 of Negotiable Instruments Act, he gave the complaint to police. He can very well contest the case which is pending under Section 138 of Negotiable Instruments Act, with all the above averments in the petition. He cannot prefer a private complaint against the respondents in the reasons stated in the petition. If a bare perusal of a complaint or the evidence led in support of it shows that the essential ingredients of the offence alleged are absent or that the dispute is only of civil nature or that there are such patent absurdities in evidence produced that it would be a waste of time to proceed th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lities of the case. He further submitted that the facts as adduced in the private complaint have made out the offences, but the Court below failed to allow the same and consequently dismissed the private complaint. He further submitted that the offences committed by the respondents 1 2 would squarely come under the ambit of various offences. He further submitted that the other reasons given by the Court below in dismissing the said private complaint is unsound and unsustainable in law. Therefore, he prays for allowing this petition. 4. Per contra, the learned counsel appearing for the respondents submitted that the private complaint filed by the petitioner is false one. He further submitted that though so many opportunities given to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... refused to return the advance amount the petitioner had preferred a complaint to the Inspector of Police, Ambasamuthiram Police Station, through a registered post on 16.12.2015. The Inspector of Police did not proceed the case further. Therefore, the petitioner gave a another complaint to the Superintendent of Police, Tirunelveli District on 26.12.2015. He also did not take any further action. 9. Thereafter, the petitioner has filed a private complaint under section 200 of Criminal Procedure Code before the learned Judicial Magistrate, Ambasamuthiram, Tirunelveli District. In the aforesaid private complaint, the petitioner was examined as P.W. 1. Eventhough, he gave witness list and documents list along with private complaint, none of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... int or the evidence led in support of it shows that the essential ingredients of the offence alleged are absent or that the dispute is only of civil nature or that there are such patent absurdities in evidence produced that it would be a waste of time to proceed that it would be a waste of time to proceed further, the complaint could be properly dismissed under Section 303 of Cr.P.C. In the case on hand, there is no essential ingredients of the offence alleged in the petition under Sections 406, 417, 420 r/w 109 of IPC are absent. 13. Therefore, this Court has not find any reasons to interfere with the findings of the impugned order passed by the learned Judicial Magistrate, Aabasamuthiram, Tirunelveli District. 14. In the result, thi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
