M. UMAPATHI Vs. D. RAJA MOHAMED

JUDGEMENT

(1.) This Criminal Revision Case has been filed by the petitioner/respondent/accused to set aside the order, dated 31.03.2016 made in Cr.Rev.P.No.86 of 2014 on the file of the learned IV Additional District Judge, Madurai, dated 31.03.2016 reversing the order passed by the learned Judicial Magistrate No.I, Fast Track Court at Magisterial Level, Madurai in Cr.M.P.No.298 of 2014 in S.T.C.No.860 of 2012, dated 27.06.2014.

(2.) Heard the learned counsel appearing for the petitioner.

(3.) The respondent/complainant filed a complaint under Section 138 of the Negotiable Instruments Act and the same was taken on file in S.T.C.No. 860 of 2012 by the learned Judicial Magistrate No.I, Fast Track Court at Magisterial Level, Madurai. Thereafter, he filed a petition under Section 216 of Cr.P.C., in Cr.M.P.No.298 of 2014 to alter the charge from Section 138 of the Negotiable Instruments Act to Sections 420, 468 and 471 of IPC. It was dismissed by the learned Judicial Magistrate on the ground that no new materials should came into existence through evidence. So, charge cannot be altered and the trial Court dismissed the said petition.