S. BALASUBRAMANIYAN Vs. KRISHNAN

JUDGEMENT

(1.) BY order, dated order, dated 13.5.2014 made in CMP No. 2055 of 2012, the Judicial Magistrate No. 1, Karur has declined to take cognizance of the complaint made by the petitioner under Section 200 Cr.P.C., holding that no ingredients for the offences under Sections 405 and 420 IPC were made out, but the materials available on record reveal that it is only an offence under Section 138 of Negotiable Instruments Act and not under Indian Penal Code. Aggrieved over the above said order, the petitioner has come forward with the present petition.

(2.) THE sum and substance of the case of the petitioner is that the respondent having availed the loan for a sum of Rs. 15,00,000/ - from the petitioner, issued a cheque bearing No. 1711193, dated 23.3.2011 in order to repay the same. The said cheque was presented for encashment by the petitioner before the City Union Bank, but it was returned with an endorsement "account closed". Consequently, the petitioner filed a private complaint against the petitioner under Section 200 Cr.P.C. before the learned jurisdictional Magistrate, for the offences under Sections 405 and 420 IPC. The learned Magistrate registered the case, recorded the sworn statement of the petitioner and referred the matter to the concerned police for investigation. After investigation, the police has filed a negative report, to which, the petitioner raised objections. Thereafter, the learned Magistrate, passed the above said order, which is question in this petition.

(3.) HEARD both sides and perused the documents available on record.