A S PRAKASAM Vs. STATE

JUDGEMENT

(1.) CRIMINAL Revision Case is filed to call for the records in C.C.No,3384 of 2004 on the file of V-th Metropolitan Magistrate Egmore, Chennai and set aside the order dated 16.10.2008 pending disposal of the CRIMINAL Revision Case.) The revision petitioner is the defacto-complainant in C.C.No,3384 of 2004 pending trial for an offence under Sections 448, 384 and 506(ii) of the Indian Penal Code. The complaint has been given on 16.8.2003 and the first respondent Police, on conclusion of the investigation, filed a final report.

(2.) IT is the case of the prosecution that the complainant borrowed money from the accused and was paying Rs.5,000/- each for 10 days. Blank Cheque, pro-note and stamp papers were issued by the petitioner/complainant. After making full settlement of the principal as well as the interest demanded by the accused, the complainant/petitioner requested them to return the documents. On 15.8.2003, the accused/the respondents 2 and 3 trespassed into his residence and demanded the payment of Rs.60,000/- and threatened the complainant with dire consequences, resulting in the complaint dated 16.8.2003. Pending trial of the case, on 8.8.2005 a petition under Section 216 of the Criminal Procedure Code, 1973 was filed by the prosecution and by order impugned dated 16.10.2008, it was dismissed. Aggrieved against the order impugned, the present criminal revision petition has been filed before this Court.

(3.) PER contra, the learned counsel appearing for the respondents 2 and 3 submitted that they are accused in the case facing charges for under Sections 448, 384 and 506(ii) of Indian Penal Code, in C.C.No,3384 of 2004. This case has been initiated as a counter case to the case filed by them for the offence punishable under Section 138 of the Negotiable Instrument Act in C.C.No,5781 of 2003 on the file of the same learned Magistrate. In a loan transaction, to clear the liability of Rs.2,00,000/-, the cheque was issued on 11.1.2003 and it was returned un-payable. Therefore, the respondent 2 filed a complaint on 26.2.2003 before the learned Magistrate. After observing all the formalities, the sworn statement was taken on 5.5.2003 and the accused, namely, the revision petitioner appeared before the Court on 1.8.2003.