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2015 Supreme(Ker) 1504

B.KEMAL PASHA
Stanly Varghese – Appellant
Versus
Mohammed Haneef – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: T.N. Manoj

JUDGMENT :

B. Kemal Pasha, J.

At what stage, the court of a Magistrate is taking cognisance of the offences in a private complaint?

(2) Can the court of a Magistrate proceed to the stage of Section 200 Cr.P.C., in a case covered by Section 188 Cr.P.C.?

(3) Is a private complaint, in which the only relief sought for is the one under Section 156(3) Cr.P.C., maintainable?

(4) What is the course of action that can be taken by the court of a Magistrate, in a case covered by Section 188 Cr.P.C.?

2. The petitioner and the respondents were doing business in Sharjah. It is alleged that, while in Sharjah, the respondents had induced the petitioner to part with UAE Dirhams equivalent to 35 lakhs of Indian money to the respondents on 13.11.2013 at the residence of the respondents at Sharjah, by promising the reconstitution of a partnership deed and the induction of the petitioner also as partner in the business of that firm. After taking away the money, nothing was heard about it from the respondents. When the petitioner approached the respondents, the 1st respondent handed over a cheque for an amount of 1,60,000 UAE Dirhams in favour of the petitioner drawn on Sharjah Main Branch of the ADC Bank. T































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