ESSESSAR AGENCIES Vs. SEKAR ALIAS RAMALINGAM

JUDGEMENT

(1.) THIS criminal revision petition has been preferred against the order dated 09. 12. 2003 made in Crl. M. P. No. 4216 of 2003 in C. C. No. 314 of 2003 on the file of the Judicial Magistrate No. II, Pondicherry.

(2.) THE said Crl. M. P. No. 4216 of 2003 was filed by the petitioner / accused under section 245 (2) of Cr. P. C, seeking discharge. It is seen that the case was taken on file on the complaint given by the respondent / complainant under Section 138 and 142 of Negotiable Instruments Act r/w Section 200 of the Code of Criminal procedure. As per the complaint, the petitioner / accused herein borrowed a sum of Rs. 4,50,000/- from the respondent / complainant and issued three cheques for rs. 1,50,000/-, Rs. 1,00,000/- and Rs. 2,00,000/- respectively, the same were dishonoured by the bank due to insufficient funds. After issuance of legal notice, the respondent filed the complaint before the Court below and the same was taken on file.

(3.) THE short question for consideration in this criminal revision petition is whether the order passed by the Court below dismissing the petition filed under section 245 (2) of the Code of Criminal Procedure is legally sustainable.