Kerala High Court
K.Mohanan vs State Of Kerala on 12 December, 2025
2025:KER:95944
Crl.R.P.No.175/2008
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
FRIDAY, THE 12TH DAY OF DECEMBER 2025 / 21ST AGRAHAYANA, 1947
CRL.REV.PET NO. 175 OF 2008
AGAINST THE ORDER DATED 30.06.2004 IN CMP NO.8993 OF 2003
OF JUDICIAL MAGISTRATE OF FIRST CLASS,VAIKOM
REVISION PETITIONER:
K.MOHANAN,
AGED 51 YEARS,
S/O.KUTTAPPAN,
INCHANTHARAYIL VEEDU,
EZHUMANTHURUTHU KARA,
KALLARA VILLAGE,
VAIKOM TALUK,
KOTTAYAM DISTRICT.
BY ADVS.SRI.P.M.NATESAN
SHRI.P.K.MURALEEDHARAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE DIRECTOR GENERAL OF PROSECUTION,
HIGH COURT OF KERALA,
ERNAKULAM.
2 K.V.SHIBU,
AGED ABOUT 41 YEARS,
S/O.VASUDEVAN,
KUNNEPPARAMBIL VEEDU,
VAIKOM MUNICIPAL WARD NO. XV,
VAIKOM P.O.,
VAIKOM TALUK,
KOTTAYAM DISTRICT.
2025:KER:95944
Crl.R.P.No.175/2008
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3 REGHU RAJ,
AGED ABOUT 32 YEARS
S/O.GOPALAKRISHNAN,
ENNAKKAPPALLIL VEEDU,
THALAYAZHAM P.O.
THALAYAZHAM VILLAGE,
VAIKOM TALUK,
KOTTAYAM DISTRICT.
4 NARAYANAN,
AGED 56 YEARS
SO.KANDAN
KIZHAKKE KAMMATTITHARAYIL,
PADINJAREKKARA KARA PO,
NADUVILE VILLAGE,
VAIKOM TALUK,
KOTTAYAM DISTRICT.
OTHER PRESENT:
SRI RENJIT GEORGE, SR. PUBLIC PROSECUTOR
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 12.12.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2025:KER:95944
Crl.R.P.No.175/2008
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ORDER
No representation from the petitioner. Notice issued to the petitioner from the Registry has been duly served upon him. This Criminal Revision Petition is filed by the de facto complainant in Crl.M.P.No.8993/2003 on the files of the Judicial First Class Magistrate Court, Vaikom, challenging the dismissal of his complaint by the learned Magistrate under Section 203 of the Code of Criminal Procedure, 1973, on 30.06.2004. The allegation of the complainant was that the accused committed the offences under Sections 463, 464, 465, 471 & 420 read with Section 34 of the Indian Penal Code, 1860 (in short, 'IPC'), in connection with the forgery of a promissory note which the first accused relied in a civil suit instituted against the petitioner as O.S.No.347/2001 on the files of the Munsiff Court, Vaikom.
2. The learned Magistrate, after considering the sworn statement of the petitioner, and that of two other witnesses as CW1 to CW3, observed in the impugned order that since the Civil Court is seized of the matter relating to the reliability of the promissory note which the petitioner alleged as one fabricated by the accused, there are no sufficient grounds to proceed against the accused in connection with the 2025:KER:95944 Crl.R.P.No.175/2008 -:4:- offence alleged in that complaint. It is further observed by the learned Magistrate in the impugned order that if the document produced by the first accused in the aforesaid suit is a false one, the petitioner would get the opportunity to challenge the said document before the same court itself. Accordingly, it is concluded by the learned Magistrate that the complaint is premature, and hence there was no ground to proceed against the accused at that stage.
3. There is absolutely no illegality, impropriety or serious irregularity warranting interference in revision upon the aforesaid order passed by the learned Magistrate. Needless to say, this revision petition is devoid of merit.
Resultantly, the petition stands dismissed.
(Sd/-) G. GIRISH, JUDGE DST/12.12.25 2025:KER:95944 Crl.R.P.No.175/2008 -:5:- APPENDIX PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF COMPLAINT DATED 22-12-2003 ON THE FILE OF J.F.M.C. VAIKOM ANNEXURE A2 CERTIFIED COPY OF THE ORDER DATED 30-06-2004 IN C.M.P.NO.8993 OF 2003 ON THE FILE OF J.F.M.C. VAIKOM ANNEXURE A3 TRUE COPY OF THE PLAINT DATED 04-07-2001 IN O.S. NO. 347 OF 2001 ANNEXURE A4 TRUE COPY OF THE WRITTEN STATEMENT DATED 25-07-2002 IN O.S. NO. 347 OF 2001.
ANNEXURE A5 TRUE COPY OF THE ORDER DATED 19-06-2003 IN I.A. NO. 775 OF 2003 IN O.S. NO. 347 OF 2001