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Muthupandi Vs. Sheik Babu and Ors. - (High Court of Madras) (21 Jun 2021)

An order of dismissal of a complaint under Section 203 of CrPC has to be made on judicially sound grounds

MANU/TN/4215/2021

Criminal

The complainant in private complaint is before present Court against the order passed by the learned Judicial Magistrate. The Petitioner/complainant has filed a petition under Section 200 of Code of Criminal Procedure, 1973 (CrPC) before the learned Judicial Magistrate, as against the Respondents herein. The learned Judicial Magistrate has dismissed the complaint vide the order impugned. The Petitioner submitted that, the reason assigned by the Court below in dismissing the private complaint by the Petitioner is against law, weight of evidence and probabilities of the case.

The averments made in the private complaint and in sworn affidavit are that he has purchased a TATA Indica Car for a sum of Rs. 1,42,000. After he believed the words of the 1st Respondent that the car is in good condition, he paid a sum of Rs. 42,000 in advance and gave a unfilled cheque of City Union Bank. After that, he wanted to return the car since, it is not in good condition. The 1st Respondent herein refused and filled the cheque for Rs. 2 Lakhs through the 2nd Respondent and the same was presented for collection. The cheque was returned by the Bank.

The 2nd respondent filed a criminal case against Petitioner under Section 138 of Negotiable Instruments Act, 1881. When the 1st Respondent refused to return the advance amount, the Petitioner had preferred a complaint.

The learned Judicial Magistrate has dismissed the petition after analysing the merits of the case. It is only the duty of the buyer to check the condition of the vehicle before he purchase the car. Admittedly, the vehicle is with the Petitioner till now sale agreement for the car also filed. But, there is no averments in the sale agreement regarding the cheque as stated in the petition.

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.

In the case of D.N. Bhattarcharji Vs. State of West Bengal held that, an order of dismissal of a complaint under Section 203 of CrPC has to be made on judicially sound grounds. 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 further, the complaint could be properly dismissed. In the case on hand, there is no essential ingredients of the offence alleged in the petition under Sections 406, 417, 420 read with Section 109 of Indian Penal Code, 1860 (IPC) are absent. Therefore, this Court has not find any reasons to interfere with the findings of the impugned order passed by the learned Judicial Magistrate. Petition dismissed.

Tags : COMPLAINT   DISMISSAL   VALIDITY  

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