This Criminal Revision Petition has been filed challenging the order dated 24.10.2013 passed in Cr.M.P.No.564 of 2013 in S.T.C. No.99 of 2012 by the Judicial Magistrate No.4, Tirunelveli. For the sake of convenience the parties would be referred to as the complainant and the accused.

2.The complainant instituted a prosecution against the accused for an offence under Section 138 of the Negotiable Instruments Act in respect of a cheque dated 04.08.2011 for a sum of Rs.2,32,097/-. The trial Court took cognizance of the offence and issued process to the accused for his appearance on 25.05.2012. On 24.05.2012 the accused seems to have met the complainant and had discussed about the case. It is the case of the accused that he had no dealings with the complainant at all and that the cheque for Rs.2,32,097/- was given by the accused to one Sankar through whom the accused had purchased waste cotton for the sum. Therefore, the accused asked the complainant as to why he had instituted this prosecution? The complainant seems to have agreed with the accused that the cheque was not given to him but was given to Sankar and as Sankar had to make some payment to the complainant, he had recei