A. KOODALINGAM Vs. M. SANGILINATHAN

JUDGEMENT

(1.) This Criminal Original Petition has been filed against the order passed by the Court below allowing the application filed by the respondent under Section 311 of Cr.P.C., to issue summon to the Director and Chemical Examiner, Forensic Sciences Department, Chennai, and to mark the expert opinion given by the said authority.

(2.) The petitioner is the complainant in the complaint filed against the respondent for an offence under Section 138 of Negotiable Instruments Act. The case of the petitioner is that in the course of his business transaction, the respondent approached the petitioner and obtained a loan and issued cheque for a sum of Rs. 32,00,000/- (Rupees thirty two lakhs only). When this cheque was deposited in the bank of the complainant, the same was dishonoured with an endorsement "funds insufficient". Therefore, the petitioner has proceeded to file a criminal complaint against the respondent for the offence under Section 138 of Negotiable Instruments Act.

(3.) In the meantime, the respondent had given a complaint before the South Police Station, Rajapalayam, against the petitioner on the ground that the petitioner has extracted exorbitant interest from the respondent and has also abused and threatened the respondent. The complaint was taken on file and an FIR came to be registered in Crime No. 598 of 2013. The concerned police investigated the case and a final report came to be filed before the learned Judicial Magistrate, Rajapalayam, and the same was taken on file in S.T.C. No. 3467 of 2014.