GLORY RANI Vs. ASOKAN

JUDGEMENT

(1.) The petitioner herein is the Accused in S.T.C.No.827 of 2008 on the file of the Judicial Magistrate Court, Devakottai. He filed this Criminal Original Petition seeking a direction to the abovesaid Magistrate to act on evidence so recorded by his predecessor in the abovesaid case and may adjudicate the matter from the spot left by the predecessor Magistrate and to dispose of the matter within a time short span of time, in accordance with law.

(2.) Now, on going through the case of the respondent, it seems that admittedly, the petitioner herein issued two post-dated cheques, dated 15.03.2007 for Rs.50,000/-; and 30.09.2007 for Rs.2,25,000/-. The respondent herein deposited the second cheque filled for a sum of Rs.2,25,000/- for encashment on 13.11.2007, but the same was returned on 20.11.2007 for the reason that 'Funds insufficient' and therefore, the respondent issued a notice on 07.12.2007, in which, he requested the petitioner to pay the cheque amounts within a period stipulated in the notice. Unfortunately, the said notice was not served on the petitioner, but returned as 'unclaimed'. So, without any alternative, the respondent lodged a private complaint before the Judicial Magistrate Court, Devakottai, for taking cognizance under Section 138 of the Negotiable Instruments Act, 1881 [hereinafter referred to as ''the Act'']. After taking cognizance, the learned Magistrate proceeded with the trial and recorded the evidences of the respondent/complainant as P.W.1 on 30.10.2010 itself. Thereafter, the case was posted for further evidence on the side of the respondent and subsequently, after examining the witnesses on the side of the respondent, the evidence of the respondent was closed on 08.05.2013 and thereafter, the matter was posted for arguments on 30.05.2013.

(3.) In the above situation, the learned Magistrate, who was trying the abovesaid case, was transferred and new Magistrate took charge of the Court. After assuming Office, on 26.06.2013, the learned Magistrate ordered de-novo trial, against which, the petitioner has come out with the present Criminal Original Petition for the relief stated supra.