M.ARUL KUMAR Vs. P.SHANMUGAM

JUDGEMENT

(1.) The petitioner herein is the accused in STC.No.200 of 2021 on the file of Judicial Magistrate, Fast Track Court-I, Erode. This case arises from a private complaint filed under Sec. 138 of Negotiable Instrument Act.

(2.) The substance of the complaint is that, the accused/petitioner borrowed loan of Rs.1,50,000.00 from the complainant and on the same day gave a post dated cheque. The cheque was presented for collection but returned with endorsement "insufficient fund". The defence of the accused/petitioner is that, the subject cheque was not given to the complainant to discharge any existing debt payable to the complainant. The cheque was given as security to one Vela Finance in the year 2018 when the accused borrowed a sum of Rs.1,00,000.00. The said loan was paid in entirety with interest. However, the Vela Finance informed additional interest of Rs.7000.00 to be paid and refused to give back the cheque. Vela Finance in collusion with the complainant had misused the cheque given as security and had laid the private complaint.

(3.) After the completion of examination of witnesses on either side, a petition under Sec. 311 Cr.P.C filed to recall DW-1 and permit to mark additional 4 documents filed by the petitioner herein. The said petition was dismissed by the trial Court assigning reasons. The order of the Judicial Magistrate - I, Erode is challenged in this Criminal Original Petition filed under Sec. 482 Cr.P.C.