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2017 Supreme(Ker) 596

ALEXANDER THOMAS
Chelladurai – Appellant
Versus
Sureshkumar (Biju) – Respondent


Advocates Appeared:
For the Petitioner:G. Hariharan, H. Praveen, K.S. Smitha, T.T. Shaniba, M.V. Vipindas, Jinu Antony, Advocates.
For the Respondents: Saigi Jacob Paletty, Public Prosecutor

JUDGMENT :

1. The order under challenge in this petition filed under Sec.482 of the Cr.P.C. is proceedings at Anx.A-2, whereby the complaint of the petitioner alleging offence punishable under Sec.138 of the Negotiable Instruments Act against R-1 herein (accused) was dismissed by virtue of the enabling provisions conferred under Sec.204(4) of the Cr.P.C.

2. Heard Sri.G.Hariharan, learned counsel appearing for the petitioner and Sri.Saigi Jacob Palatty, learned Prosecutor appearing for the 2nd respondent State. In the nature of the order that is proposed to be passed in this petition, notice to R-1 (accused) will stand dispensed with.

3. This Court is not inclined to entertain this petition for reasons more than one. Firstly, what is challenged herein is Anx.II proceedings, which is only certified copy of all the proceedings issued by the learned Magistrate in relation to the present complaint (S.T.No. 237/2016 on the file of the Judicial First Class Magistrate's Court-II, Peermade). As per Anx.II proceedings sheet, proceedings from various dates from 3.8.2016 are shown therein and in respect of proceedings on 20.5.2017, it is endorsed therein as follows:

“Complainant absent. No represe




















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