IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 Crl.Rev.Pet.No. 607 of 2001() ----------------------------- CC.1254/1997 of JUDL.MAGISTRATE OF FIRST CLASS-I, MUVATTUPUZHA .................... REVN. PETITIONER/COMPLAINANT: ------------------ P.SURESH KUMAR @ MUKUNDAN, S/O.PADMANABHAN NAIR, PUTHUSSERIL HOUSE, AVOLY P.O., ANICAUD, MUVATTUPUZHA. BY ADV. SRI.K.RAMAKUMAR (SR.) RESPONDENTS/STATE & ACCUSED (R2): ------------- 1. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI 31. 2. A.J.ABRAHAM, ADAPOOR VEEDU, THODUPUZHA. BY ADV. SRI.JOLLY T.KURIAKOSE FOR R2 BY PUBLIC PROSECUTOR SHRI C.M.KAMMAPPU THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 16/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P. No.607 of 2001 -------------------------------------- Dated this the 16th day of September, 2008. ORDER Heard the counsel for the revision petitioner and the Public Prosecutor. 2. At a time when the revision petitioner was a minor, he met with a motor accident on 6.3.1979. He sustained injuries and preferred a claim before the Motor Accidents Claims Tribunal against the driver, owner and insurer of the offending vehicle claiming compensation. One George Puthumana was impleaded in the application as the registered owner of the offending vehicle. A vakalath was filed on behalf of the said George Puthuma through PW2 and there was an award in favour of the revision petitioner for a total sum of Rs.20,000/-, out of which the insurance company was made liable to pay only Rs.5,000/- and the rest was to be paid by the owner and driver. The revision petitioner initiated execution proceedings against said George Puthuma for realization of the balance amount of Rs.15,000/- when said George Puthumana contended that he had not appeared before the Motor Accidents Claims Tribunal or contested the application for compensation. Alleging that the second respondent had impersonated the said George Puthumana and forged his signature in the vakalath, written statement , etc., the revision petitioner filed complaint in the court of Judicial First Class Magistrate, Muvattupuzha alleging Crl.R.P.No.607/2001 2 offences punishable under Sections 417, 468 and 420 of the Indian Penal Code. The complaint was taken on file as C.C.No.1254 of 1997. The learned Magistrate recorded evidence under Section 244 of Code of Criminal Procedure and holding that no case was made out against the second respondent, he was discharged. Revision petitioner is aggrieved. 3. It is submitted by the learned counsel for the revision petitioner that there was sufficient material on record to proceed against the second respondent. 4. The revision petitioner was examined as PW1 in the court below. His father was examined as PW3. PW2 is the Advocate who is said to have attested the vakalath and written statement on behalf of George Puthumana on 6.1.1983 to be filed before the Claims Tribunal. But PW2 failed to identify the second respondent as the person concerned who is said to have impersonated George Puthumana. It is in the above circumstances that the learned Magistrate found that no sufficient ground is made out against the second respondent. Though the learned counsel submitted that there was sufficient material produced by the revision petitioner, I am unable to accept that version. PWs 1 and 3 had no idea about the alleged involvement of the second respondent. PW2 is the only person who could have spoken about the alleged impersonation by the second respondent but failed to identify the second respondent. As such, the learned Magistrate is justified in holding that no case Crl.R.P.No.607/2001 3 was made out against the second respondent which if unrebutted, would warrant his conviction. There is no reason to interfere . Revision Petition is dismissed. THOMAS P.JOSEPH, JUDGE. cks Crl.R.P.No.607/2001 4 Thomas P. Joseph, J. Crl.R.P.No.607 of 2001 ORDER 16th September, 2008.