R SUBRAMANIAN Vs. R MUTHUKAMATCHI

JUDGEMENT

(1.) This Revision is directed against the order passed by the Judicial Magistrate No.1, Sivaganga in C.C.No.13330 of 1995 on 14-11-1995 issuing process on taking the complaint on file, to the accused for the offence under Section 138 of the Negotiable Instruments Act.

(2.) On 9-3-1995, the petitioner herein is said to have given a cheque bearing No.906008 drawn in Indian Bank, Devangapet Branch, Coimbatore-1 for a sum of Rs.15 lakhs in favour of the respondent, in lieu of repayment of a debt due to the respondent by the petitioner herein. When the respondent presented the said cheque for encashment through Indian Bank, Sivaganga Branch it was bounced on 4-8-1995 on the ground of insufficiency of fund. Therefore, a notice dated 9-8-1995 was issued to the petitioner by the respondent through his advocate demanding the payment of the cheque amount which was duly acknowledged by the petitioner. But however, a reply dated 12-8-1995 was given by the petitioner through his Counsel denying the liability and the circumstances under which the blank cheque was obtained and further, it was specifically contended that he never borrowed any money, nor gave the cheque to the respondent herein. The defence of the petitioner in the reply notice at the earliest point of time, namely, four days after the notice was one of total denial of the very negotiable instrument itself alleged to have been given by him and there was no debt at all. He has further stated that the cheque leaf in question was missing, when he was driving a two wheeler on 5-7-1995 in Coimbatore, along with another connected document and that in this connection, a complaint was lodged to B.2 R. S. Puram Police Station on the same day itself and the matter is under investigation. The concerned Bank was also intimated in writing with regard to the above fact. Therefore in his reply, the petitioner has requested the return of the cheque within 48 hours on receipt of the reply.

(3.) It has also been alleged that upon the basis of the bounced cheque, the respondent herein has filed the complaint before the Judicial Magistrate No.1, Sivaganga against the petitioner for the offence under Section 138 of the Negotiable Instruments Act on 14-11-1995 and the respondent has also given a complaint before the District Crime Branch, P.M.T. District, Sivaganga which was registered in Crime No.3 of 1995 under Section 420 of the Indian Penal Code on 18-8-1995. Apart from the above, the petitioner has taken some other grounds also by way of defence denying his culpability for the offence under Section 138 of the Negotiable Instruments Act. His main grievance seems to be that the learned Judicial Magistrate No.l, Sivaganga, on getting the written complaint under Section 200 of the Code of Criminal Procedure from the respondent, without conducting any enquiry under Section 202 of the Code of Criminal Procedure, ordered for the issuance of process under Section 204 of the Code of Criminal Procedure which order, according to him, suffers legal sanctity and propriety and therefore, he has come forward with the present Revision challenging the impugned order.