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2010 Supreme(Guj) 356

AKIL KURESHI
Prithi Paul Singh Sethi – Appellant
Versus
Pramod Ramniklal Trivedi – Respondent


Advocates appeared:
Subhas Jha, Ajayainder Sangvan, Sandeep R. Limbani, S.V. Raju, C.M. Shah

JUDGMENT

AKIL KURESHI, J.

1. A short but important question of law is Involved in. this petition namely, whether in the revision application filed by the original complainant against the order of Magistrate accepting the report of the police pursuant to inquiry under Section 202 of the Code of Criminal Procedure to drop the proceedings, it is necessary to hear the accused before the Court can allow such revision petition.

2. FACTS of the case are as follows:-

"Respondent No. 1 herein had filed complaint before the Court of Metropolitan Magistrate on 2.2.2006 alleging offences punishable under Sections 420, 406, 506 read with Section 120-B of the IPC against present petitioners. In the said case, registered as Inquiry case No. 3/2006. learned Magistrate by his order dated 2.2.2006 called for police inquiry under Section 202 of the Code of Criminal Procedure by the Satellite police station directing the police to file a report upon completion of such inquiry."

Police filed its report dated 2.5.2006 and concluded as under :- "Thus upon overall consideration, there appears to be financial transactions between the complainant firm and the firm on the other side. Complainant firm has to re



































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