J JOSEPH RAJ Vs. BABY JEROMA

JUDGEMENT

(1.) This Criminal Revision is preferred against the order passed by the learned Judicial Magistrate No. II, Kuzhithurai in C. M. P. No. 1469 of 2007 in C.C. No. 292 of 2004, dated 14.06.2011.

(2.) The petitioner is accused in C. C. No. 292 of 2004 on the file of the Judicial Magistrate No. II. Kuzhithurai. This is a case of return of cheque reportedly delivered by the petitioner to the respondent under Section 138 of Negotiable Instruments Act. Earlier to the filing of the complaint, the petitioner filed a suit in O.S. No. 719 of 2004 on the file of the District Munsif Court, Kuzhithurai against the respondent praying for mandatory injunction directing him to return the cheque bearing No. 201183. In the said suit, he has also filed an application under Order 39 Rules 1 and 2 and Section 94(c) and 151 of Criminal Procedure Code. praying for temporary injunction against the respondent restraining him from realising the amount through the Bank on cheque bearing No. 201183 drawn on Mercantile Bank, Nagercoil and the proceedings against the petitioner. On 04.10.2004, the learned District Munsif granted an ad-interim injunction till 10.10.2004 and it was subsequently made absolute on 04.01.2008. There had been no appeal from the said order.

(3.) Pending the hearing of C. C. No. 292 of 2004. the petitioner filed a petition in Cri. O.P. (MD) No. 8179 of 2005 on the file of this Court under Section 482 of Criminal Procedure Code for quashing of the proceedings preferred on the private complaint in C. C. No. 292 of 2004. This Court on hearing both sides passed an order on 06.12.2006, dismissing the petition. There is no appeal from the above said order.