S V CHIDAMBARAM Vs. S SIKKANDHAR BATCHA

JUDGEMENT

(1.) THE criminal revision petitioner calls in question the legality of the order dated 14.10.2003 passed in Criminal Revision Petition No.25 of 2003, by the Principal District & Sessions Court, Madurai.

(2.) THE criminal revision respondent herein as petitioner has filed the criminal miscellaneous petition No.3929 of 2002, in C.C.No.131 of 2002, on the file of the Judicial Magistrate No.I, Madurai, praying to discharge him from the proceedings of C.C.No.131 of 2002. It has been contended on the side of the petitioner therein that the respondent therein has not invoked correct provision of law in the petition filed by him. It is also stated that since civil remedy is available, the petition filed by the respondent is not legally maintainable. It is also equally stated that it is false to contend that the petitioner and other have borrowed the amount in question individually. Further, it is stated that the cheque in question has been issued only for collateral security. Under the said ground, the petitioner has filed the petition praying to discharge him from the proceeding of C.C.No.131 of 2002.

(3.) AGAINST the dismissal order, the petitioner as criminal revision petitioner has filed the Criminal Revision Petition No.25 of 2003 on the file of the Principal District & Sessions Court, Madurai. The first appellate Court has allowed the criminal revision petition filed by the criminal revision petitioner therein and thereby discharged him from the proceedings of C.C.No.131 of 2002. AGAINST the order passed by the first appellate Court, the present criminal revision case has been filed.