SUBRAMANI Vs. K BABU

JUDGEMENT

(1.) THE revision petitioner is the sole accused in C. C. No. 43 of 2004 on the file of the Judicial Magistrate No. I Court , udumalpet. THE revision is directed against the dismissal of the discharge petition in Crl. M. P. No. 994 of 2004 filed under Section 204 Cr. P. C. THE petition was dismissed as per the order dated 19. 5. 2004.

(2.) THE petition crl. M. P. No. 994 of 2004 is filed by the revision petitioner/accused that there have been material alteration in the cheque, which was issued by him to the complainant and as such, the cheque being invalid instrument, the complaint itself is not maintainable. THE other ground taken is that the cheque has not been presented for collection within six months from the date of the cheque.

(3.) THE fact remains that the case in C. C. No. 43 of 2004 taken on file under Section 138 of Negotiable instruments Act, being a summons case, the petition filed to discharge the accused is not maintainable as held in the decisions cited supra. THE Judicial magistrate is also recorded finding that the alleged material alteration in the cheque will not affect the case of the complainant and that the dishonoured cheque was presented within six months from the date of cheque.