R KRISHNAMURTHY Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Case is directed against the order dated 12.07.2011 passed by the learned Judicial Magistrate No.II, Vellore, in Crl.M.P.No.1797 of 2011 in C.C.No.108 of 2011, dismissing the discharge petition filed by the petitioners/Accused 1 to 4.

(2.) The learned counsel appearing for the petitioners would mainly contend that the second respondent/de facto complainant has given a complaint against the petitioners/accused 1 to 4 and they were charged with Sections 120(B), 467, 468, 471 and 420 IPC. The petitioners have filed a petition for discharge in C.M.P.No.1797 of 2011 before the learned Judicial Magistrate No.II, Vellore. The learned Magistrate had dismissed the said petition. As against the said dismissal order, the present criminal revision case is preferred by the petitioners before this Court.

(3.) On a reading of the grounds itself, it is admitted that the fourth petitioner had already been convicted for an offence under Section 138 of the Negotiable Instruments Act in C.C.No.165 of 2008 by a judgment dated 20.06.2011 in respect of the very same set of facts. In this case, only against the same accused, the case was filed by the prosecution. In the above circumstances, for the same set of offence, the present case was filed. Hence, the order of the trial Court has to be set aside and the criminal revision case has to be allowed.