K GOVINDRAJ Vs. ASWHIN BARAI

JUDGEMENT

(1.) This is a petition filed by the petitioner /accused under Ss. 482 and 483, Cr.P.C. to set aside the order dated 28-3-1995 made in Crl. Revision petition No.15/94 on the file of Principal Sessions Judge at Pondicherry with reference to CC No.230/92 on the file of Judicial Magistrate, Pondicherry.

(2.) The material allegations in the petition are as follows: - The respondent had preferred a complaint against the petitioner for an offence under S.138 of the Negotiable Instruments Act, before the judicial Magistrate, Pondicherry in CC No.230 of 1992 and the learned Magistrate had framed charges against the petitioners. The petitioner aggrieved by that had preferred a Criminal Revision Petition No. 15/94 before the Principal Sessions Judge, Pondichery under S.397 (1) Cr.P.C. to revise the charges framed by the Judicial I Class Magistrate, Pondicherry and also to discharge the accused from the case in C.C. No. 230/92 on the file of Judicial I Class Magistrate, Pondicherry. The Judicial I Class Magistrate, Pondicherry has violated S.219, Cr.P.C in as much as the learned Magistrate has taken cognizance of offences pertaining to the dishonour of six cheques in one single complaint filed in the case referred supra. The same is not only contrary to law but also it is illegal. The learned Principal Session Judge, Pondicherry while disposing the criminal revision petition 15/94 dated 28-3-1995 in his order had dismissed the Revision petition filed by the petitioner and also held that the Judicial Magistrate I Class, Pondicherry did not violate S.219, Cr.P.C.

(3.) On hearing the learned counsel for both sides, the point that arises for determination in this petition is as to whether the petitioner is entitled to the relief prayed for in this petition and the Ss.482 and 483, Cr.P.C.