O R D E R

This Criminal Original petition has been filed under Section 482 Cr.P.C. to set aside the order passed on 07.09.2017 in C.C. No.2443 of 2014 by the learned Magistrate IVth Fast Track Court, George Town, Chennai and pass orders accordingly.

2.The case of the petitioner is that the complainant/respondent herein has filed compliant in C.C. No.2443 of 2013 against the petitioner herein before the learned Metropolitan Magistrate Court No.IV, Chennai, stating as follows:

2.1. The Complainant is a Registered Private Limited Company in the name and style of M/s Suryadev Alloys and Power Private Limited. The Accused-2 being the Managing Director of M/s. Karishmaa Foundation Pvt. Ltd.,/Accused-1, has Purchased steel goods on various dates on various invoices from the Complainant company. As on date, the petitioner company is having the total out standing due of Rs.90,46,488.39/- (Rupees Ninety Lakhs Forty Six Thousand Four Hundred Eighty Eight and Thirty Nine Paise Only). On repeated demands and request in order to discharge the due as part of its liability, the accused-2 has issued a Cheque bearing No.390877, dated 30-09-2013 for an amount of Rs.15,40,286/- (Rupees Fifteen Lakhs Forty Thousand Two Hundred Eighty Six Only) drawn on "Canara Bank, Kasturba Nagar, Chennai-600 020, in favour of the complainant and also the accused-2 had made an assurance to the complainant that necessary arrangements were made to honour the above said cheque at the time of presentation. On believing the accused's assurance, the complainant had presented the above said cheque before his banker, The Jammu & Kashmir Bank Ltd., Chennai, on 30.09 2013, for collection and en-cashment. However, the same was returned as unpaid due to "Insufficients Balance" in his bank account, to that effect a memorandum was issued to the Complainant by his banker with an endorsement "Insufficients Balance", on 03-10-2013. Having received the information from his banker, the complainant has sent a legal notice dated on 07-10-2013, by registered post, to the accused, calling upon to discharge the entire Cheque amount of Rs. 15,40,286/ (Rupees Fifteen Lakhs Forty Thousand Two Hundred and Eighty Six Only), within fifteen days from the date of receipt of the notice. Even though the said notice was duly received by the accused on 09-10-2013, they had failed and neglected to pay the above said Cheque amount within the stipulated period and till date nor sent any reply. The accused had issued the above said Cheque knowing the insufficient funds in the accused bank account, and consequences thereof. Thus the accused had committed an offence U/s.138 of Negotiable Instruments Act, as amended by the Act of 55 of 2002 and therefore, complainant/respondent herein made the private complaint in C.C. No.2443 of 2014 before the IVth Fast Track Court, George Town, Chennai against the petitioner company. In the above mentioned Calender Case, the respondent/complainant had filed the proof affidavit for marking of documents wherein Exhibits P1 to P10 had been marked. During the cross examination of the complainant on 30.08.2017, the respondent/complainant had marked the 3rd document as Exhibit P.3 which was printed document taken from E-mail. Hence, the petitioner submitted that since the procedure established by law under the Indian Evidence Act has not been followed, the said document must be eschewed from evidence. As the respondent/complainant himself admitted in the cross examination that the document No.Ex.P3 was printed out from the e- mail, the petitioner had filed the petition under 65(B) of the Indian Evidence Act to eschew the document No.Ex.P3 from the evidence of the complainant in the Hon'ble Metropolitan Magistrate Court No.IV, Chennai. After filing the above said petition, the petitioner's counsel appeared and argued the matter regarding the Section 65(B) of the Evidence Act. But, the learned Metropolitan Magistrate IV, returned the petition on 07.09.2017 with written order s