The complainant in C.C.No.602 of 2006 on the file of the Judicial Magistrate No.I, Erode, is the petitioner in the above criminal revision case. On the basis of the complaint filed by the petitioner against the respondents herein, the learned Magistrate has taken the complaint on file for an offence punishable under Section 138 of the Negotiable Instruments Act in C.C.No.602 of 2006. The cheque in question is alleged to have been returned/ unpaid with an endorsement “Account transferred to suit filed account”. After completion of trial and hearing of arguments was over and when the judgment has been reserved, the petitioner filed a petition in C.M.P.No.1384 of 2007 under Section 216 of the Criminal Procedure Code (in short “Cr.P.C.”) praying to alter / add a charge under Section 420 Indian Penal Code (in short “IPC”) against the respondents herein on the basis of the contentions raised in the written arguments submitted by the learned counsel for the respondents. The respondents herein raised objections for entertaining the said petition contending that there is absolutely no material on record to alter / add the charge for an offence under Section 420 IPC and merely on