B. VENGATESWARAN Vs. U. THENAPPAN

JUDGEMENT

(1.) This Criminal Revision is filed to set aside the judgment dtd. 20/9/2019 passed in C.A.No.4 of 2018 on the file of the learned I Additional District and Sessions Judge, Tiruvallur modifying the order dtd. 30/11/2017 passed in S.T.C.No.252 of 2016 on the file of the Judicial Magistrate, Fast Track Court, Magisterial level at Ambattur.

(2.) The brief facts, which are necessary for the disposal of this Criminal Revision, are as follows:-

(3.) Mr. A.R. Nixon, learned Counsel for the Revision Petitioner submitted that the Revision Petitioner/Accused had been purchasing materials for his shop/show room and the Respondent/Complainant had been supplying the materials. In the course of transaction, the outstanding has accrued to the tune of Rs.1,90,00,000.00 and the Revision Petitioner/Accused settled Rs.90,00,000.00 and an amount of Rs.1,00,00,000.00 was pending. At this stage, the Complainant preferred a Complainant before the Police. On enquiry, the Police referred the same to the learned Judicial Magistrate, Ambattur by filing R.C.S as it is a Civil dispute. Subsequently, cheques which were given by the Revision Petitioner/Accused towards surety has been filled up by the Respondent/Complainant to file the instant complaint under Sec. 138 of The Negotiable Instruments Act, 1881.