Madras High Court
Santhanakumar vs R.Soundaram on 24 March, 2020
Author: P.N.Prakash
Bench: P.N.Prakash
Crl.O.P.(MD)No.5131 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.03.2020
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
Crl.O.P.(MD)No.5131 of 2020
Santhanakumar ... Petitioner
Vs.
R.Soundaram ... Respondent
PRAYER : Petition filed under Section 482 of Criminal Procedure
Code, to issue a direction to the learned Judicial Magistrate No.II,
Usilampatti to number the petition filed by the petitioner in
unnumbered C.C.No.--of 2019 and deal with to the same.
For Petitioner : Mr.S.Ramachandra Pradeep
ORDER
The case of the petitioner is that the respondent borrowed a sum of Rs.1,00,000/- (Rupees One Lakh only) from the petitioner on 06.06.2019 towards which he gave a cheque dated 02.08.2019 bearing No.016860 drawn on Axis Bank in the name of the petitioner. The petitioner presented the said cheque in Tamil Nadu 1/4 http://www.judis.nic.in Crl.O.P.(MD)No.5131 of 2020 Mercantile Bank where he is having he account. But the same was returned by Axis Bank on account that the cheque is not a CTS cheque. Therefore, the petitioner filed a private complaint of cheating against the respondent before the learned Judicial Magistrate No.2, Usilampatti. The learned Judicial Magistrate has returned the complaint with the following endorsement;
“Since offence involved comes under Section 138 of NI Act, how complaint is maintainable. Hence returned. Time 1 month” Challenging the same, the petitioner has filed the present petition for direction to the learned Magistrate to accept the complaint and pass orders in accordance with law.
2. In support of this contention, the learned counsel for the petitioner placed strong reliance on the judgement of this Court in Sri Moogambigai Constructions India Pvt.Ltd.,rep. By its Managing Director K.M.Velumanie reported in (2017) 4 MLJ (Crl) 302.
3. This Court carefully perused the complaint. In the complaint, the petitioner has merely stated that the impugned 2/4 http://www.judis.nic.in Crl.O.P.(MD)No.5131 of 2020 cheque was returned by Axis Bank on account that it was not a CTS cheque. Apart from this assertion, there is absolutely no material to show that the said cheque was returned for the said reason. The petitioner merely stated that the staff of the bank told him that the cheque cannot be accepted since it is not a CTS cheque.
4. In the opinion of this Court, by no stretch of imagination can this amount to a cheating as alleged by the petitioner, though the Magistrate cannot return a complaint. But in the facts of the present case, this Court does not find any justification to issue a direction to the Magistrate to accept the complaint when the complaint itself lacks material particulars. It is always open to the petitioner to file a fresh complaint after obtaining the necessary endorsement from the bank for non acceptance of the impugned cheque or for its dishonour.
5. Accordingly, this Criminal Original Petition stands disposed of.
24.03.2020 Index: Yes / No Internet : Yes / No pnn 3/4 http://www.judis.nic.in Crl.O.P.(MD)No.5131 of 2020 P.N.PRAKASH, J pnn To The Judicial Magistrate No.II, Usilampatti. Crl.O.P.(MD)No.5131 of 2020
24.03.2020 4/4 http://www.judis.nic.in