'BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON : 18.03.2025 PRONOUNCED ON :28.03.2025 CORAM THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Crl.R.C.(MD)No.175 of 2025 and Crl.M.P.(MD)No.1735 of 2025 Sivaramakrishnan ... Petitioner/Proposed Accused Vs.

1.Subbulakshmi : 1^st Respondent/Petitioner

2.State through The Inspector of Police, Veeravanallur Police Station, Tirunelveli District. : 2^nd Respondent/Complainant PRAYER: Criminal Revision Petition has been filed under Section 438 r/w 442 of BNSS, 2023 to call for the records relating to the order passed by the learned District Munsif cum Judicial Magistrate, Cheranmahadevi, in Crl.M.P.No.7033 of 2024, dated 03.12.2024 and set aside the same.

For Petitioner : Mr.P.Praveen Kumar For Respondents : Mrs.M.Aasha Government Advocate(Crl.Side)

for R.2 : No Appearance for R.1

ORDER

This Criminal Revision is directed against the order passed in Crl.M.P.No.

7033 of 2024, dated 03.12.2024, on the file of the District Munsif cum Judicial Magistrate, Cheranmahadevi, directing the registration of the F.I.R., and for investigation.

2. The case of the first respondent/complainant is that she is residing at Veeravanallur, as she was abandoned by her husband, that the petitioner has earlier worked in Stark Communication Private Limited, Trivandrum and was getting salary at Rs.50,000/- per month, but she left her job for her son's education, that the petitoner affiliated with the BJP political party became acquainted with the first respondent, that the petitioner had assured to make necessary arrangements for getting good monthly income and demanded amount for that purpose and also demanded amount for expanding his travel business, that the first respondent had remitted amounts as claimed by the petitioner from her Savings Bank account at Tamil Nadu Mercantile Bank for the period between 26.06.2023 and 14.08.2023 and through Google Pay from her account available at SBI, totally to the tune of Rs.8,16,500/-, that the petitioner, by promising to return at Rs.1,500/- per day for 375 days and also sent a message to her, that the petitioner requested the first respondent to get loan from Bajaj Finance to meet out expenses for his father's heart treatment and accordingly, the petitioner had taken amount to the tune of Rs.10,00,000/-, that the petitioner to meet out his son's medical expenses and other urgent expenses, had taken Rs.3,30,000/- directly from the first respondent, that when the first respondent had demanded to return the amount, the petitioner started to threaten that he would commit suicide and would also kill the child, that though the petitioner is having sufficient means, he has been refusing to repay the amount, that since the petitioner is having money and political influence, he could do everything, that the first respondent with no other option has lodged a complaint before the Kallidaikurichi Police Station and C.S.R., came to be issued in C.S.R.No.461 of 2021 and at the enquiry, the petitioner admitted the receipt of amount and agreed to return the same, that the first respondent sent a complaint to the Inspector of Police, Veeravanallur, the Deputy Superintendent of Police, Cheranmahadevi and the District Superintendent of Police, Tirunelveli on 28.10.2024 and since there was no action, the first respondent was constrained to file the petition under Section 175(3) BNSS for registration of F.I.R., and investigation.

3. The learned Judicial Magistrate, taking the petition filed under Section

175(3) BNSS on file in Crl.M.P.No.7033 of 2024, upon perusing the petition, the petitioner's affidavit and the documents filed along with the complaint and on hearing the petitioner's side, has passed an order dated 03.12.2024, by holding that there are prima facie materials to proeed against the accused, directed the respondent police to register the F.I.R., and investigate the case. Aggrieved by the impugned order, the present revision came to be filed.

4. The learned Counsel for the petitione