R.Saravanan vs S.Jesuraj
2022 Latest Caselaw 4176 Mad

                                                                               Crl.R.C.(MD)No.228 of 2020


                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED : 03.03.2022

                                                          CORAM :

                           THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

                                                Crl.R.C.(MD)No.228 of 2020
                                                            and
                                                Crl.M.P.(MD)No.2077 of 2020
                     R.Saravanan                                       ... Petitioner/Accused
                                                              Vs.

                     S.Jesuraj                                         ... Respondent/Complainant

                     Prayer: This Criminal Revision Case is filed under Section 397 r/w. 401
                     of Cr.P.C., to call for the records and modify the order dated 07.02.2020
                     passed in S.T.C.No.744 of 2013 on the file of the learned Judicial
                     Magistrate No.IV, Trichy.
                                        For Petitioner     : Mr.K.Jeyamohan

                                        For Respondent     : Mr.N.Anandhakumar


                                                           ORDER

This criminal revision case has been filed against the order dated

07.02.2020 passed in S.T.C.No.744 of 2013 by the learned Judicial

Magistrate No.IV, Trichy, thereby reopened the case and issued summons

to the Manager, UCO Bank, Navalur Kuttapatti Trichy Branch.

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Crl.R.C.(MD)No.228 of 2020

2.The respondent has given a complaint against the petitioner for

the offence under Section 138 of the Negotiable Instruments Act. The

case of the respondent is that the petitioner borrowed a sum of

Rs.4,00,000/- from him on 24.01.2011 and in order to repay the same, he

issued a cheque drawn in the name of UCO Bank, Navalur Kuttapatti

Trichy Branch. The said cheque was presented for collection and the

same was dishonoured for the reason “no such account available for the

petitioner” in UCO Bank, Navalur Kuttapatti Trichy Branch.

3.After examination of P.W.1, the case was posted for judgment.

The learned Judicial Magistrate found that though the petitioner did not

hold any account in UCO Bank, Navalur Kuttapatti Trichy Branch, he

admitted the issuance of cheque. Therefore, the learned Judicial

Magistrate issued summons to the Manager, UCO Bank, Navalur

Kuttapatti Trichy Branch to ascertain the fact that whether the petitioner

possesses any account in UCO Bank, Navalur Kuttapatti Trichy Branch

or not.

4.The learned counsel for the petitioner vehemently contended that

the complainant himself admitted that the cheque was dishonoured for

https://www.mhc.tn.gov.in/judis

Crl.R.C.(MD)No.228 of 2020

the reason “no such account available for the petitioner” in UCO Bank,

Navalur Kuttapatti Trichy Branch. Therefore, the trial Court ought not to

have issued summon to the Banker to verify whether the petitioner is

having any account or not. Though the cheque was returned for the

reason that the petitioner is not having any account in the Bank, the

banker returned the cheque for some other reason also. Therefore, it is

necessary to summon the Manager of UCO Bank, Navalur Kuttapatti

Trichy Branch to ascertain the said fact. Therefore, this Court finds no

infirmity or illegality in the order passed by the learned Judicial

Magistrate No.IV, Trichy. It is made clear that the learned Judicial

Magistrate No.IV, Trichy is directed to issue fresh summon to the

Manager, UCO Bank, Navalur Kuttapatti Trichy Branch and complete his

examination within a period of two weeks from the date of receipt of a

copy of this order and conclude the trial on merits and in accordance with

law within a period of four weeks thereafter.

5.With the above observations, this criminal revision case is

disposed of. Consequently, connected miscellaneous petition is closed.

03.03.2022 Index :Yes/No Internet : Yes/No ias

https://www.mhc.tn.gov.in/judis

Crl.R.C.(MD)No.228 of 2020

G.K.ILANTHIRAIYAN, J.

ias

To:

1.The Judicial Magistrate No.IV, Trichy.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.R.C.(MD)No.228 of 2020

03.03.2022

https://www.mhc.tn.gov.in/judis