MARUTHI YARNS Vs. RAMAKRISHNA MILLS COIMBATORE LIMITED

JUDGEMENT

(1.) THIS petition has been filed to call for the records in c. C. No. 104 of 2004, pending on the file of Judicial Magistrate Court, Sathiamangalam , and quash the same.

(2.) PETITIONERS are accused in the calendar case, which was registered on the strength of a private complaint, lodged by the respondent, under Section 138 of The Negotiable Instruments Act, as regards dishonour of a cheque.

(3.) THE main contention of the learned counsel for the petitioners is that after receipt of a complaint by a criminal Court, return of the same to the complainant is alien to criminal law and, hence, the complaint has to suffer dismissal in limine , in view of the defects found therein. It is his further contention that the moment the court seal is affixed on the complaint, the complaint becomes the property of the court and it is strange to return back the same, which act of the Court would vitiate the proceedings and that the law expects a defect free complaint to be made to a Judicial Magistrate to take cognizance of the offence and, as a corollary, the Magistrate should have dismissed the complaint under Section 203 cr. P. C. Also, it is his argument that repeated returns of complaint by the judicial Magistrate is out of the framework of THE Negotiable Instruments Act and, by means of return, the legal point of limitation for lodging the complaint is miserably thwarted.