SURESH Vs. PAULSAMY

JUDGEMENT

(1.) Heard Mr.P.Krishnasamy, learned counsel appearing for the petitioner.

(2.) This petition has been filed to set aside the order passed in Cr.M.P.No.2251 of 2017 before the learned Judicial Magistrate Court, Sankarankovil, Tirunelveli District dated 29.01.2018.

(3.) The respondent borrowed a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) from the petitioner and promised to return the amount within a period of 20 days. The respondent issued a cheque dated 03.05.2018 for a sum of Rs.10,00,000/- (Rupees Ten Lakhs only). When the cheque was presented for collection, the same was returned as "Payment stopped by drawer". The petitioner filed a case against the respondent before the learned Judicial Magistrate, Sankarankovil. The learned Judicial Magistrate, Sankarakovil has taken the complaint on file in Cr.M.P.No.2251 of 2017. On 08.06.2015, 12.06.2015, 19.06.2015, 01.07.2015, 17.09.2015, 03.10.2015 and 03.05.2017, the complainant/petitioner herein was present before the learned Judicial Magistrate. The sworn statement of the petitioner was recorded on 19.06.2015 itself. Subsequently, the learned Judicial Magistrate has dismissed the complaint on 2.01.2018 for the absence of the complainant.