V.MUTHUKRISHANAN Vs. THAVAMONY STEPHEN JEYARAJ

JUDGEMENT

(1.) This petition has been filed to set aside the order passed in in Crl.M.P.No. 4871 of 2020 in Crl.A.No.62 of 2019 passed by the learned IV Additional District Judge, Tirunelveli.

(2.) The revision petitioner is the accused in the case registered under Section 138 of Negotiable Instruments Act. The revision petitioner has filed an appeal in Crl.A.No.62 of 2019, which is pending before the learned IV Additional District Judge, Tirunelveli. During the pendency of the criminal appeal, the revision petitioner herein filed a petition in Cr.M.P.No.4871 of 2020 under 391 of Cr.P.C. That petition was dismissed by the District Court. Against which, the petitioner has preferred this revision case.

(3.) The brief substance of the petition filed by the petitioner in Cr.M.P.No. 4871 of 2020 is as follows : - The respondent/complainant is residing abroad. He used to invest money in properties and other business, as per the directions of the petitioner. During the year 2009 2011, the revision petitioner purchased immovable properties in the name of the complainant and his wife. On the guidance of the complainant, the petitioner entered into an agreement with one Nagarajan and invested Rs. 1,50,00,000/-. The petitioner has also invested Rs.71,00,000/- with the said Nagarajan. The said Nagarajan committed fraud and caused loss to the petitioner and the complainant. The petitioner lodged a complaint before the Thiruvariyur Police Station. The petitioner has filed a civil case before this Court in C.S.No.25 of 2015 and the case was admitted by this Court. FIR and decree are to be marked in this case. The complainant to forgo the loss in the business, has pressurised the petitioner to execute a sale deed regarding the properties that belong to D.W.1, Nambi, the wife of the petitioner and the younger brother of the petitioner. He insisted the petitioner to execute two cheque leaves. The petitioner did not execute any cheque leaves under Section 138 of Negotiable Instruments Act. The cheque leaves were handed over to the complainant only on compulsion. The petitioner alone can give evidence on those facts. Ex.A1 cannot be treated as negotiable an instrument at all. The documents 6 to 10 alone can prove that sale deeds were executed in favour of the complainant. The petitioner is duty bound to disprove the case of the complainant and hence, an opportunity to mark the documents and to examine the petitioner has to be given.