1. This revision has been preferred praying against the order, dated 17.05.2014 made in Crl.M.P.No.3407 of 2014, on the file of the Court of Judicial Magistrate, Padmanabhapuram, Kanyakumari District.

2. The revision petitioner is the private complainant. He filed a private complaint seeking prosecution of the respondent for the alleged commission of offence under Sections 406, 420 r/w 34 of IPC. The trial Court, after recording the sworn statement, has found that the 2nd respondent prior to filing of the private complaint filed by the petitioner herein, has filed STC.No.676 of 2012 on the file of the Court of Judicial Magistrate No.II, Kuzhithurai, against the revision petitioner seeking prosecution for the alleged commission of offence under Section 138 of Negotiable Instruments Act, contending among other things that the revision petitioner herein has borrowed a sum of Rs.4,00,000/- and also issued a cheque for the said sum drawn on State Bank of India, Kalkulam Branch and the said Cheque, on presentation, has got dishonoured for the reason, “Funds Insufficient”. A statutory notice was also issued on 08.09.2012 for which, the revision petitioner is arrayed as an Accuse