LAWS(MAD)-2007-10-272

MOHAMMED NISA Vs. B KALAMANI

Decided On October 22, 2007
MOHAMMED NISA Appellant
V/S
B.KALAMANI, P.R.BALASUBRAMANIAM Respondents

JUDGEMENT

(1.) BY consent the Criminal Revision Case itself is taken up for final disposal.

(2.) THE petitioner has filed the above Criminal Revision Case challenging the correctness of the order dated 16. 8. 2007 passed in C. M. P. No. 5827/2007 in C. C. No. 588/2006 on the file of the Judicial Magistrate No. II, Coimbatore.

(3.) THE petitioner is the accused in C. C. No. 588/2006. The said Criminal Case has been instituted by the respondent herein for an offence under Section 138 of the Negotiable Instruments Act. During the course of trial in the above case the petitioner herein filed a petition under Section 210 of the Cr. P. C. , seeking stay of further proceedings in the case and to call for a report of the Inspector of Police, Saravanampatti Police Station, Coimbatore who was said to be conducting an investigation on the complaint dated 1. 2. 2006 given by the petitioner against the respondent. In the said petition, the petitioner has stated that the investigation on the complaint dated 1. 2. 2006 filed by the petitioner was in progress. The respondent contested the said application by filing a counter statement. In the counter statement it was contended by the respondent that the respondent was not aware of any complaint filed against her before the Saravanampatti Police Station and no investigation was pending to her knowledge.