Chandanmal Hiralal Mantri vs Iranna Chandrashekhar Harsure and Another

T.K. Chandrashekhara Das, J.—This writ petition arises out of a complaint made by the first respondent before the Judicial Magistrate, First Class at Ichalkaranji. It is alleged in the complaint that the complainant was undertaking the job of weaving in his Powerlooms and runs the business of supplying the weaved cloth to merchants on piece rate. The complainant alleged that the petitioner (the accused in the complaint) used to give yarn to the complainant for converting it into cloth and the wages are fixed at different rates for the different count of yarns. The complaint is that even though the petitioner got finished products of cloth at larger quantity and that excess is not being returned to the complainant. He cited an example that if yarn for 80 metres of cloth is given for weaving and the finished products produced was of 82 yards, then the excess of differences of yarn is not explained in the complaint. Another complaint he has made is that inferior quality yarn are supplied and thus caused wrongful loss to the complainant. These are the two instances narrated in the complaint, for having committed the alleged offences under Sections 420, 383, 424, 426, 465, 468, 471 of IPC.

I am not concerned at the veracity of the allegations made in the complaint. I am concerned only whether these allegations disclosed a triable offence as shown in the complaint.

I heard counsel for the petitioner Shri Mundergi and Shri B.R. Patil for the first respondent.

The learned Magistrate issued summons on receipt of the complaint. Against that order of issuing summons the petitioner filed a revision before 3rd Additional Sessions Judge, Kolhapur in Criminal Revision No. 163/88 wherein the Revisional Court set aside the order, but remanded the matter back to adduce fresh evidence. According to me, the Revisional Court has no jurisdiction to remand back the matter in such a situation for collecting more materials. If the Revisional Court finds that the summons issued by the Magistrate was on insufficient materials or discloses no offence, then the Court should have dismissed the Revision. Revisional Court has no power to enable the party to filling the lacuna in the complaint after remand.

In view of this I find no justification in passing the order by the Revisional Court in remanding back the matter. That order is therefore set aside. Resultantly as no offence has been disclosed in the complaint, the complaint filed against the petitioner before the Magistrate also stands dismissed.

Hence writ petition is allowed. In the circumstances, no order as to costs.