RAMASWAMY Vs. DHANALAKSHMI BANKERS

JUDGEMENT

(1.) THE revision petitioner is the sole accused in C. C. No. 253 of 2001 on the file of the Court of Judicial Magistrate, Thiruchengodu. The revision is directed against the dismissal of the discharge petition in Crl. M. P. No. 2796 of 2003 by order dated 18. 7. 2003 filed under Section 245 Cr. P. C.

(2.) THE petition in Crl. M. P. No. 2796 of 2003 was filed by the revision petitioner/accused stating that he borrowed a sum of Rs. 2,50,000/- from the complainant for which he issued two signed cheques without filling up the other particulars. It is further stated that the entire loan amount for which the cheques were issued was discharged but despite the same, the complainant has not returned the said two cheques. The said petition was opposed by the respondent / complainant disputing such contentions raised by the accused.

(3.) THE trial Court, accepting the objections put forth by the complainant, dismissed the petition by order dated 18. 7. 2003 recording finding that the case is pending for two years and examination of witnesses on the side of the complainant has been completed, which is under challenge in this revision.