LAKSHMI NARAYANAN Vs. P VASANTHI

JUDGEMENT

(1.) AGGRIEVED against the orders passed by the Judicial Magistrate No. II, Kancheepuram, in C. M. P. Nos. 1721 and 3029 of 2001 in C. C. Nos. 107 and 108 of 2002 respectively dated 21. 3. 2003 discharging the respondent from criminal cases filed against her, the above criminal revision cases are filed by the revision petitioner/complainant.

(2.) THE revision petitioner in both the cases is the complainant and the respondent in both the cases arrayed as A3 in C. C. Ns. 107 and 108 of 2002.

(3.) THE learned counsel for the revision petitioner in both the cases submitted that the trial of the criminal cases already commenced and the revision petitioner/complainant in both the cases examined himself as P. W. 1 and bank witness also examined on his side and at this stage, the discharge petitions filed by the respondent, subject matter of the revisions, were allowed. In this regard, the learned counsel further submitted that since the criminal case initiated under Section 138 of the Negotiable Instruments Act against the respondent being a summons case, the respondent cannot seek discharge herself.