The criminal original petition is filed seeking to set aside the order of the XVIII Metropolitan Magistrate, Saidapet, dated 27. 2008.

2. The brief facts which are necessary for the disposal of the above criminal original petition are set out hereunder:

The case of the petitioner is that a cheque which was given as security was not returned even after the repayment of the entire loan amount with interest but was misused which resulted in the cheque being returned on its deposit. Consequently, a criminal complaint under Section 138 of the Negotiable Instruments Act was instituted against the petitioner; in such circumstance, the petitioner filed a complaint before the learned XVIII Metropolitan Magistrate, Saidapet, Chennai against the respondent herein for alleged offences under Sections 406 and 420 I.P.C. But the said complaint was returned by the learned Magistrate on 27. 2008 with the following endorsement:

"On perusal of the complaint, it is seen that already a complaint hs been filed by the proposed accused before the J.M.No.I, Myladuthurai in C.C. No. 144/08 under Section 138 of the N.I. Act before filing this instant complaint by the Casim Fareed Jaffordeen throug