L.S. SHANMUGASUNDARAM Vs. G. KARTHIKEYAN

JUDGEMENT

(1.) This Criminal Revision Case has been filed to call for the records relating to order dtd. 26/7/2017 made in C.R.P.No.49 of 2016 on the file of the learned II Additional District and Sessions Court, Erode, reversing the order dtd. 15/11/2016 made in Crl.M.P.No.2298 of 2016 in S.T.C.No.1224 of 2011 on the file of the learned Chief Judicial Magistrate, Fast Track Court No.II, Erode and set aside the same.

(2.) The petitioner/complainant filed a complaint under Sec. 138 of the Negotiable Instruments Act against the respondent before the learned Judicial Magistrate No.I, Erode in S.T.C.No.1224 of 2011. Thereafter, by order dtd. 14/10/2014, it was directed to be represented before the Court within the jurisdiction of the complainant's bank as per the decision of the Hon'ble Apex Court in the case of Dashrath Rupsingh Rathod vs. State of Maharashtra and another. The complaint along with the documents filed by the complainant were returned to the complainant for filing it in the proper Court within a period of thirty days. Thereafter, the petitioner filed a petition in Crl.M.P.No.2298 of 2016 before the learned Chief Judicial Magistrate, Erode to condone the delay of 635 days in representing the complaint. The learned Chief Judicial Magistrate by its order dtd. 15/11/2016, condoned the delay, against which, the respondent/accused preferred a revision before the II Additional District and Sessions Judge, Erode in C.R.P.No.49 of 2016. The revision was allowed by order dtd. 26/7/2017 for the reason that the petitioner had not given the name of the counsel, who filed the complaint before the Magistrate Court. Aggrieved by the said order, the petitioner/complainant has filed this revision.

(3.) The contention of the petitioner is that the respondent borrowed a sum of Rs.8,89,600.00 for his business needs and promised to repay the same and in discharge of the said liability, he issued a cheque for the said amount, which on presentation was dishonoured for the reasons "Funds insufficient". Thereafter, following the procedure, statutory notice was issued and thereafter, complaint was filed before the learned Judicial Magistrate No.I, Erode on 9/9/2011 within time. The accused appeared, executed bond and participated in the trial. Thereafter, there have been periodical adjournments. Thereafter, on 14/10/2014, the learned Judicial Magistrate No.I, Erode returned the complaint directing the complainant to file the same before the concerned Court within 30 days as per the direction of the Hon'ble Apex Court, wherein it is stated that the complaint under Sec. 138 of N.I. Act to be normally filed before the jurisdiction Court, where the complainant bank is situated.