C. SAJIT LOVELY Vs. V. YESU RAJAN

JUDGEMENT

(1.) The Revision Petitioner/Accused has focused the present Criminal Revision Petition as against the order dated 9/11/2012 in Crl. M.P. No. 7202 of 2011 in S.T.C. No. 1309 of 2011 passed by the Learned Judicial Magistrate No. I, Kuzhithurai in dismissing the petition filed by the Revision Petitioner/Petitioner under Section 245(2) of Cr. P.C. The Learned Judicial Magistrate No. I, Kuzhithurai, while passing the impugned order dated 9/11/2012 in Cr. M.P. No. 7202 of 2011 in S.T.C. No. 1309 of 2011 has inter alia observed that "... Anyhow as rightly pointed out by the Respondent/Complainant, the allegations stated by the Petitioner/Accused in this petition could be decided only after a full fledged trial. The truth and the veracity of the above averments cannot be decided at this stage etc.," and resultantly, dismissed the petition for discharge.

(2.) Assailing the correctness of the dismissal of an order passed by the trial Court in Crl. M.P. No. 7202 of 2011 in S.T.C. No. 1309 of 2011 dated 9/11/2012, the Learned Counsel for the Petitioner/Accused strenuously contends that the trial Court should have come to the conclusion that a Civil Suit in O.S. No. 226 of 2011 is pending on the file of the Learned Additional District Munsif, Poonamallee, wherein the Respondent/Complainant is arrayed as Second Defendant.

(3.) Expatiating his submissions, it is the contention of the Learned Counsel for the Petitioner/Accused that the trial Court has failed to note and appreciate that one Joymon, S/o. Jessiah of Parvathipuram, Nagercoil K.K. District is well known to the Respondent/Complainant, which will be evident from the Civil Proceedings in O.S. No. 226 of 2011.