LAWS(MAD)-2015-7-316

P. RAVINDRANATH Vs. K. CHANDRAGANDHI AND ORS.

Decided On July 27, 2015
P. Ravindranath Appellant
V/S
K. Chandragandhi And Ors. Respondents

JUDGEMENT

(1.) This Criminal Revision Petition has been filed to call for the records relating to the order dated 04.06.2013 made in C.M.P. No. 9144 of 2012 in C.C. No. 280 of 2012 on the file of the learned Judicial Magistrate No. 1, Udumalpet and set aside the same by allowing this criminal revision petition. Heard Mr. N. Manokaran, learned counsel appearing for the petitioner, Mr. G. Ravikumar, learned counsel appearing for the first respondent and learned Additional Prosecutor appearing for the second respondent.

(2.) It is seen that on a complaint lodged by one K. Chandragandhi, the respondent police registered a case in Crime No. 849 of 2009 on 22.04.2009 under Sections 120(B), 467, 477 I.P.C. against

(3.) The crux of the allegation in the FIR is that Ravindranath (A1) had given a cheque to the defacto complainant and when the cheque was presented to the ICICI bank for clearance, the Branch Manager returned the cheque on the ground "signature does not tally". It appears that the defacto complainant had taken a photo copy of the cheque given by Ravindranath before presentation and when she compared the photo copy with the returned cheque, she found that the signature in the photo copy differed from the signature in the cheque. Therefore, the defacto complaint suspected that Ravindranath and the Manager of ICICI bank must have conspired to materially alter the signature in the original cheque, so that, it could be returned on the ground "signature does not tally" rather than on the ground of "insufficiency of funds".