Geetha vs Devika
2023 Latest Caselaw 16136 Mad

Madras High Court

Geetha vs Devika on 11 December, 2023

Author: M.Nirmal Kumar

Bench: M.Nirmal Kumar

                                                                                       Crl.R.C.No.2094 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                         DATED : 11.12.2023

                                                                CORAM

                                  THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

                                                    Crl.R.C.No.2094 of 2023

                     Geetha                                                         ... Petitioner

                                                                 Vs.

                     Devika                                                         ... Respondent


                     Prayer: Criminal Revision Petition filed under Sections 397 and 401 of
                     Criminal Procedure Code, to set aside the order dated 13.03.2023 made in
                     Crl.M.P.No.5481 of 2022 in C.C.No.210 of 2018 pending on the file of the
                     Judicial Magistrate No.I, Mettur.

                                        For Petitioner      :     Mr.R.Thirumoorthy

                                                                ORDER

This Criminal Revision Petition is filed to set aside the order dated

13.03.2023 made in C.M.P.No.5481 of 2022 in C.C.No.210 of 2018

pending on the file of the Judicial Magistrate No.I, Mettur.

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

2.The petitioner as complainant filed a private complaint against the

respondent in C.C.No.210 of 2018. Later the petitioner filed a petition

under Section 216 of Cr.P.C. to alter the charges against the respondent

from Section 138 of Negotiable Instruments Act to Section 420 of IPC.

According to the petitioner, the case projected by the petitioner right from

the initial stage when statutory notice was issued, filing of complaint and in

chief examination is that the respondent received the amount on promise

which turned to be a false promise and later, he had not discharged the

liability and honoured the cheque, hence proceeded with the trial.

3.The learned counsel for the petitioner fairly submitted that earlier

the petitioner lodged a complaint against the respondent for the offence

under Sections 420 and 506(ii) IPC on 17.07.2018 before the District Crime

Branch, Salem. Though FIR was registered, the complaint could not be

further investigated for the reason that the cheque confirming the payment

promised by the respondent could not be produced since case under Section

138 of NI Act was already initiated and for that reason, complaint was

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

closed. He further submitted that case filed under Section 138 of NI Act in

C.C.No.210 of 2018 is posted for judgment.

4.Considering the submissions made and in view of the fact that the

Lower Court finding that Sections need no alterations dismissing the petition

filed by the petitioner, this Court is not inclined to interfere with the order of

the Lower Court. Accordingly, this Criminal Revision Petition is dismissed

giving liberty to the petitioner to file a private complaint for offence under

Section 420 IPC. Neither the closure of FIR in Crime No.12 of 2018 will

come in the way nor C.C.No.210 of 2018 in the event of the petitioner

proceeding against the respondent for the offence under Section 420 IPC

and any other offence. The private complaint to be considered and disposed

of on its own merits.

11.12.2023 Index : Yes/No Speaking Order/Non Speaking Order Neutral Citation: Yes/No cse

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

M.NIRMAL KUMAR, J.

cse

To

The Judicial Magistrate No.I, Mettur.

11.12.2023

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