V SELVAM Vs. SHANTHI PROCESSING UNIT PVT LTD

JUDGEMENT

(1.) THE revision petitioner is the accused in C.C.No,233 of 2009 on the file of learned Judicial Magistrate No.1, Erode. A private complaint for an offence under Section 138 of Negotiable Instrument Act was filed by the petitioner herein. After taking sworn statement, the learned Magistrate issued summons to the accused who is the revision petitioner herein. Challenging the summons issued to the accused by the learned Judicial Magistrate No.1, Erode, the petitioner has preferred this revision.

(2.) THE learned counsel for the petitioner submits that though the entire cheque amount has been repaid to the complainant, the cheque return memo was forged and the complaint has been filed against the accused.

(3.) THIS court considered the submissions and perused the decisions of the Honourable Supreme Court.