CASIM FAREED JAFFARDEEN Vs. MOHD ANSARI

JUDGEMENT

(1.) THE criminal original petition is filed seeking to set aside the order of the XVIII Metropolitan Magistrate, Saidapet, dated 21.7.2008.

(2.) THE brief facts which are necessary for the disposal of the above criminal original petition are set out hereunder: THE case of the petitioner is that a cheque which was given as security was not returned even after the repayment of the entire loan amount with interest but was misused which resulted in the cheque being returned on its deposit. Consequently, a criminal complaint under Section 138 of the Negotiable Instruments Act was instituted against the petitioner in such circumstance, the petitioner filed a complaint before the learned XVIII Metropolitan Magistrate, Saidapet, Chennai against the respondent herein for alleged offences under Sections 406 and 420 I.P.C. But the said complaint was returned by the learned Magistrate on 21.7.2008 with the following endorsement:

(3.) I have considered the aforesaid submissions made by the learned counsel for the petitioner.