This Criminal Original Petition has been filed to set aside the order passed on 27.01.2016 in Crl.M.P.No.3434 of 2015 in C.C.No.585 of 2009 on the file of the learned Metropolitan Magistrate, Fast Track Court No.1, Egmore at Allikulam, Chennai as devoid of Merits.

2. For the sake of convenience, the parties will be referred to as the Complainant and Accused.

3. It is the case of the complainant that the accused borrowed a sum of Rs.3,00,000/- (Rupees Three lakhs only) from him in July, 2007 and issued a cheque dated 28.08.2008 for Rs.3,00,000/- (Rupees Three Lakhs only), which when presented, was dishonoured. The complainant issued a statutory notice dated 09.09.2008 and after receiving the statutory notice, the accused did not make any payment and hence, he launched a prosecution in C.C.No.585 of 2008 before the Learned Metropolitan Magistrate, Fast Track Court No.1, Egmore.

4. The complainant was cross-examined by the accused and in the cross-examination, the accused has put a specific question to the complainant as to whether the complainant disclosed the loan alleged to have been given to the accused in his Income Tax returns, to which, the complainant has answered that he