B ADARSH RAO Vs. TAMIL NADU ELECTRICALS

JUDGEMENT

(1.) This Criminal Revision is preferred as against the order passed by the learned Vth Metropolitan Magistrate, Egmore, Madras in Crl. MP No. 131 of 1994 in CC No.9604 of 1993 dated 18-7-1994, dismissing the petition filed by the petitioner/accused to dismiss the complaint since it is not maintainable in law and discharge the petitioner/accused from the case.

(2.) On the materials placed before him, the learned Vth Metropolitan Magistrate, Egmore, Madras came to the conclusion that only after evidence it can be decided as to whether the petitioner/accused obtained the long term loan or short term loan and as to whether the cheque was given by the accused for the long term loan or short term loan and as to whether the same was returned by the Bank and so there is no reason to dismiss the complaint and accordingly he dismissed the application filed by the petitioner/ accused for dismissing the complaint filed by the respondent/complainant on 18-7-1994. Aggrieved against the said findings, the petitioner/accused preferred this Revision before this Court.

(3.) After hearing the learned Counsel for both the parties, the point that arises for consideration in this Revision Petition is as follows: "Whether the complaint preferred by the Respondent herein is not maintainable for the reasons stated in the petition filed by the revision petitioner/accused before the trial Magistrate in Crl. MP No. 131 of 1994 in CC No.9604 of 1993 and whether the revision Petitioner/accused can be prayed for in Crl. MP No. 131 of 1994 in CC No.9604 of 1994.