KRISHNASAMY Vs. PONNIYAN

JUDGEMENT

(1.) THE revision petitioner / petitioner / accused has preferred the present revision in Crl.R.C.No.303 of 2009, to set-aside the order passed in C.M.P.No.3620 of 2008 in C.C.No.960 of 2008, on the file of Judicial Magistrate-II, Mettur, dated 29.12.2008.

(2.) THE short facts of the case are as follows:-

(3.) SUBSEQUENTLY , the case was taken on file of Judicial Magistrate-II as C.C.No.960 of 2008. During the pendency of the case, the accused had filed a petition in C.M.P.No.3620 of 2008 under Section 45 of the Evidence Act and Section 293 of Cr.P.C. and Sections 138 and 139 of the Negotiable Instruments Act, 1881. It was submitted that the respondent herein is the father-in-law of the petitioner / accused and that the respondent has only one daughter, viz., Jayalakshmi. It was submitted that the petitioner is owner of lands in Vellar Village and that the petitioner went to Madras in the year 1974 for his business purposes and requested the complainant and his wife to look after his agricultural operations and also to receive rents. It was submitted that the petitioner's building was rented to Catholic Syran Bank at Vellar. For the purpose of collecting rent and also for other agricultural operations, the petitioner herein authorized the complainant / respondent to operate savings bank account No.505 of Catholic Syrian Bank at Velllar. It was submitted that the respondent / complainant and his wife misappropriated the petitioner's agricultural income and also the rent from Catholic Syrian Bank. So a panchayat was convened in the year 2001 and the complainant herein accepted his fraudulent act before the panchayat and settled at Mecheri Town in the year 2002 and vacated the properties of the petitioner. It was submitted that the complainant herein did not return one or two cheques leaves of the petitioner in connection with S/B account No.505. Therefore, the petitioner closed his S/B account No.505 of Catholic Syrian Bank at Vellar and started a new account in S/B account in the same bank in account No.2385 on 27.10.2001 and started operations thereafter.