VELUMANI Vs. N GUNASEKARAN

JUDGEMENT

(1.) THIS Criminal Original Petition has been preferred under Section 482 of the Code of Criminal Procedure, against the criminal proceeding in C.C.No.168 of 2004 on the file of the Judicial Magistrate, Avinashi, seeking an order to call for the records and quash the same.

(2.) THE petitioner herein is the accused in the criminal proceedings, pending before the Judicial Magistrate, Avinashi, for the alleged offence, punishable under Sections 417, 418, 420, 465, 468 and 471 of I.P.C r/w Section 200 of Cr.P.C. THE respondent / complainant had already filed a complaint against the petitioner for the offence under Sections 138, 141 and 142 of Negotiable Instruments Act in C.C.No.30 of 2000 on the file of the Judicial Magistrate, Avinashi. In the said case, the petitioner herein filed a petition in Crl.M.P.No. 2368 of 2000 to discharge him, on the ground that no notice was served upon the petitioner, the same was dismissed by the Judicial Magistrate. Subsequently, the respondent herein filed Crl.M.P.No.3639 of 2001 in C.C.No.30 of 2000 to amend the complaint, so as to add the offences under Section 148 r/w 420, 468 r/w 471 IPC, that was allowed by the Judicial Magistrate. Aggrieved by which, the petitioner herein filed Criminal Revision in Crl.R.C.No.1490 of 2002.

(3.) MR. R. John Sathyan, learned counsel appearing for the respondent submitted that the criminal proceeding in C.C.No.168 of 2004 is legally maintainable. In support of his contention, the learned counsel for the respondent cited the decision, V. Kannan & Others vs. State by District Crime Branch, Namakkal, (CDJ 2007 MHC 1916) and contended that offence under Section 420 IPC is maintainable, in spite of the fact that the proceeding under Section 138 of Negotiable Instruments Act is pending and according to him, it would not amount to double jeopardy.