JUDGMENT :

(The case has been heard through Video Conference)

(Prayer: This Criminal Revision Case has been filed under Section 397 read with Section 401 of Cr.P.C. to call for the records in CMP.No.5919 of 2017 in STC.No.905 of 2007 order dated 22.11.2017 on the file of the learned Judicial Magistrate III, Salem and to set aside the same.)

1. The private complainant is the revision petitioner herein.

2. For the sake of convenience, the parties are referred as per the ranking before the Trial Court.

3. The private complainant is the original land owner. The respondent viz., Selvam, who is working as Sub-Registrar of Cooperative Society, has taken the land from the complainant to sale the property and sold the land as per the understanding between the land owner and the Society and he has to make the payment. On behalf of the Society, the Special Officer has issued a cheque for a sum of Rs.6,81,521.50 and the said cheque was dishonoured and hence, the original land owner/private complainant has filed a complaint in STC.No.905 of 2007, for the offence under Sections 420 of IPC and 138 of Negotiable Instruments Act, before the learned Judicial Magistrate No.III, Salem filed under Section 200 of Cr.P.C.

4. The learned Magistrate has chosen to take the cognizance only under Section 138 of NI Act but not Section 420 of IPC. Aggrieved against the said cognizance, the respondent herein has preferred quash petition before this Court in Crl.O.P.No.31501 of 2007, before this Court and the same was dismissed on 13.08.2010.

5. During the course of trial, on behalf of the complainant PW1 to PW3 were examined and Exs.P1 to P6 were marked. After closing of complainant side evidence, the accused was questioned under Section 313 of Cr.P.C. On the side of the accused, DW1 was examined. When the matter was posted for argument, the private complainant filed a petition under Section 216 of Cr.P.C. in CMP.No.5919 of 2017, to frame additional charge under Section 420 of IPC, on the ground that the Sub-Registrar of Cooperative Society has made him to believe that on the sale of the land given by him to the society and the sale consideration of agreed amount to be given by the Society. But Society having sold his land to its members however failed to pay the agreed amount and dishonestly issued to the cheque only to cheat him. Hence, element under Section 420 IPC is also involved. The said CMP.No.5919 of 2017 was dismissed and hence, the Civil Revision Petition.

6. Heard both the learned counsels and perused the materials placed on record.

7. The sum and substance of the arguments of the learned counsel for the respondent is that the respondent herein is a Special Officer of the Sri Rajaganapathy Cooperative House building Society Limited and in such capacity, the respondent has issued a cheque to the defaco complainant viz., A.S. Ramasamy and the same was bounced. Hence, a case was instituted and the same was taken on file as STC.No.905 of 2007, before the learned Judicial Magistrate No.III, Salem. After completion of trial, when the matter was posted for arguments, the private complainant has filed a petition in CMP.No.5919 of 2017, under Section 216 of Cr.P.C., before the learned Judicial Magistrate No.III, Salem, to add charge viz., 420 of IPC and the said petition was dismissed by an order dated 22.11.2017.

8. The learned counsel for the accused would submit that during the pendency of the case, the accused was transferred to another Society and a subsequent Special Officer has settled entire amount covered under the cheque issued on behalf of the Society. Further, he has filed a counter and additional typed set of papers and would submit that till date a sum of Rs.1,79,47,068.50/- was paid to the complainant for 62 plots, through his savings account number 15916 of the Subramaniya Nagar Co-operative Urban Bank to the complainant.

9. The learned Senior Advocate appearing for the revision petitioner would contend that the respondent is none other than the Sub