NANDHINI Vs. VINAYAGA TEXTILES AND ORS.

JUDGEMENT

(1.) Vide order dated 11.05.2010 in Crl.M.P. No. 9295 of 2009 in STC. No. 590 of 2007, the learned Judicial Magistrate No. I, Tiruppur, has allowed the petition filed under Section 311 Cr.P.C. filed to examine the petitioner/drawee of the cheque.

(2.) Reading of the impugned order discloses that a complaint under Section 138 of the Negotiable Instruments Act, 1881, has been filed in the year 2005. It was returned with certain defects. Subsequently, after rectification, the complaint was taken on file in STC. No. 590 of 2007. Complainant, Ms. Nandhini/revision petitioner has filed the complaint, through her power of attorney P. Gurusamy.

(3.) Contending inter alia that initially when the complaint was filed under Section 138 of the Negotiable Instruments Act, 1881, and returned, the complainant, preferred a police complaint to the Central Crime Branch, Tiruppur, and further contending that the said police arrested the petitioner and thereafter, the respondent has paid the cheque amount, and was released by the police, and even after receiving the entire amount, taking advantage of the cheque, a private complaint under Section 138 of the Negotiable Instruments Act, 1881, has been filed on the file of the learned Judicial Magistrate No. I, Tiruppur and to prove the above said facts, respondent has filed Crl.M.P. No. 9295 of 2009 in STC. No. 590 of 2007 on the file of the learned Judicial Magistrate No. 1, Tiruppur, seeking for a direction to examine Ms. Nandhini, the petitioner herein. Though the said application has been opposed by the petitioner, drawee of the cheque, through her power of attorney. By observing that unless and until the petitioner/drawee of the cheque is examined, truth regarding payment of the cheque amount, before the Crime Branch Police, would not come to light and by examining her, no prejudice would be caused, the Court below has allowed the said petition filed under Section 311 Cr.P.C.