IMPORTANT POINT
A complainant whose revision petition filed under Section 397 of the Criminal Procedure Code before the Sessions Court against the order of the Magistrate dismissing his c plaint is also dismissed by the Sessions Judge can invoke the inherent jurisdiction of the High Court under Section 482 of the Code for setting aside the orders of the Magistrate and the Sessions Judge.

JUDGMENT

K. Ramachandriah, J.- This Criminal Petition filed under Section 482 of the Code of Criminal Procedure, 1973(for short 'the Code') involves for consideration the following point of law:

"Whether a complainant whose Rev. Petition filed under Section 397 of the Code before the Sessions Court against the order of the Magistrate dismissing his complaint is also dismissed by the Sessions Judge cannot invoke the inherent jurisdiction of the High Court under Section 482 of Code for setting aside the orders of the Magistrate and the Sessions Judge?"

2. The said point arises in this way:

a) Petitioner as proprietor of M/s. Raja Silk House (Pvt.) Ltd., Basavaraja Market, Bangalore filed a private complaint against the respondents in the Court of the Chief Metropolitan Magistrate, Bangalore City, under Section 190 read with Section 200 of the Code alleging that the respondents had committed offences punishable under Sections 417A, 420 and 409 of the Indian Penal Code. Respondents 1 and 2 are Chairman and General Manager of the Bank of Baroda at Bombay and respondents 3 to 5 are the Senior Manager, Accounts Officer and another Senior Manager of the Bank of Baroda Branch, K.G. Road, Bangalore-9 (hereinafter called as 'the Bank'). It was alleged in the complaint that M. Nanjappa was the Managing Director of M/s. Raja Silk House (Pvt.) Ltd., (hereinafter referred to as 'the Company') till he was murdered in his house by some miscreants on 24-9-1986 and after his death, the petitioner as his foster son is carrying on the business of the Company as one of its Directors. Deceased Nanjappa during his life time had obtained loan facilities from the Bank which was the banker of the Company in connection with Exports and Imports or the goods of the Company by giving a Bank guarantee to the tune of Rs. 23 laths. The Bank had obtained several documents from late Nanjappa by exercising undue influence, fraud and coercion over him and utilized those blank papers as acknowledgements for the purpose of saving limitation by inserting dates. The Bank was collecting foreign bills of the Company which had taken loan from the Bank. The Bank has also filed a suit against the Company for recovery of the loan amount said to be due by it. There were several discussions in regard to interest rate and the money payable by the Company and several other questions involved in respect of the transactions between the Company on the one hand and the Bank on the other hand and the differences between the parties during the said talk had led to the murder of Nanjappa. The Bank authorities were showing large sums of money towards outstandings on foreign bills account resulting in great loss to the Company and the Joint Chief Controller of Exports and Imports even went to the extent of keeping the licence of the Company in abeyance. The Bank issued realisation Certificate of Foreign bills of the Company on 25-6-1984 showing the amount realised by it on the foreign bills of the Company to the tune of Rs. 20,94,073.60 Ps. Again, it was stated in the Certificate issued by the Bank on 25-6-1984 that a sum of Rs. 3,72,730.18 Ps. had been realised. It is clear from the said two Certificates issued by the Bank that there was falsification of accounts of the Company by the Bank authorities and the Certificate dated 25-6-1984 had 'been issued with the specific motive of suppressing the amount that had been realised by the Bank on 15-3-1984 in as much as in the certificate No. 31/241 issued by the Bank, the amount realised by the foreign bills was shown as Rs. 13,45,265/- while in certificate No. 30/88 dated 24-10-83 the amount was shown as Rs. 7,00,106.85 Ps. and in Certificate No. 30/632 dated 3-8-1983, the amount realised was shown as 18,93,000 aggregating in all to a sum of Rs. 39,39,147.40 Ps. whereas in the certificate No. 31/515 dated 25-6-1984 the amount was shown as Rs. 43,14,953.57 Ps. for the year 1983. The said figures would show that the Bank had been issuing Ce