The petitioner herein is sole accused in C.C. No.453 of 2001, on the file of the District Munsif cum Judicial Magistrate, Thiruvottiyur, for an offence punishable under Section 138 of the Negotiable Instruments Act. The case has been taken on file and, on behalf of the complainant, proof of affidavit was filed. While so, another complaint came to be filed by a family member of the complainant in the first case for an offence punishable under Section 420 IPC, and the allegation therein is that the petitioner committed cheating to the tune of Rs.7,00,000/-. On conclusion of the investigation, the third respondent referred the second case as of civil in nature, whereupon, Protest Petition has been filed by the complainant and the case was taken on file in C.C. No.4095 of 2005 by learned III Metropolitan Magistrate, George Town, Chennai.

2. Learned counsel for the petitioner states that the allegation in both the cases are that, in a chit transaction, the petitioner is bound to pay a sum of Rs.7,00,000/- and for such liability, a cheque has been issued and as the cheque got bounced, a complaint was given and consequent thereto, the first case viz., C.C. No.453 of 2001 was t