BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 11.03.2025 Delivered on : 03.06.2025 CORAM:

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Crl.R.C.(MD)No.724 of 2023 and Crl.M.P.(MD)No. 10005 of 2023 M.Gomathisankar : Petitioner Vs.

Sumathi : Respondent Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of Cr.P.C., to call for the records relating to the impugned order, dated 16.06.2023 passed in Crl.M.P.No.4413 of 2023 in S.T.C.No.1616 of 2016 on the file of the learned Judicial Magistrate, Tenkasi and set aside the same.

For Petitioner : Mr.N.Dilip Kumar For Respondent : Mr.V.Sasi Kumar

O R D E R

The Criminal Revision Case is directed against the order passed in Crl.M.P.No.4413 of 2023 in S.T.C.No.1616 of 2016, dated 16.06.2023 on the file of the learned Judicial Magistrate, Tenkasi, dismissing the petition filed under Section 45 of Indian Evidence Act.

2. Originally one Ajithkumar has filed a private complaint under Section 200 of Cr.P.C., against the petitioner for the offence under Section 138 r/w 142 of Negotiable Instruments Act. Pending complaint, the complainant Ajithkumar had died and hence, his wife has got herself impleaded as legal representative of the complainant and proceeded with the case.

3.The case of the complainant is that the petitioner and the original complainant belonging to the same community were working in the same School for several years; that the petitioner/accused has also been doing real estate and construction business apart from teaching profession; that the petitioner demanded the complainant to advance amount to the tune of Rs.25 lakhs and the complainant, after getting the amount from the various sources, gave the same on 01.05.2016; that the petitioner after getting the amount of Rs.25 lakhs on 01.05.2016, issued three cheques, two cheques for Rs.5 lakhs each drawn on Indian bank, Cheranmahadevi Branch and the third cheque for Rs.10 lakhs drawn at Tamil Nadu Mercantile Bank, Pappakudi Branch; that the petitioner with an intention to cheat the complainant gave an intimation to his bank to stop payment; that when a same was enquired, he refused to give any reply; that when a complaint was sent to the District Superintendent of Police, the petitioner has agreed to arrange necessary funds in his bank account; that the complainant believing his words presented the cheques for collection through his bank State Bank of India, Kizhapavoor Branch, but the same came to be returned for the reason as 'payment stopped by drawer'; that the complainant has then sent a legal notice, dated 08.10.2016, demanding the payment of amount covered by the cheques; that the petitioner has sent a reply notice, dated 26.10.2016 with false and untenable allegations and that since payment was not made, the complainant was constrained to file the above complaint for the offence under Section 138 of Negotiable Instruments Act.

4.The case of the petitioner in the petition filed under Section 45 of Indian Evidence Act is that the petitioner has taken the defence that he borrowed a sum of Rs.5 lakhs on 04.01.2014 and the defacto complainant gave the loan amount with condition to return the same within ten days and asked him to pay Rs.2,000/- per day and after deducting a sum of Rs.20,000/- for ten days, gave a sum of Rs.4,80,000/- and obtained two signed blank promissory notes and two green papers with revenue stamp affixed; that the defacto complainant had stolen the cheque book having blank cheque numbers from 066451 to 066470 and threatened him that he would misuse the same; that the petitioner was forced to file a petition under Sections 5, 6 and 8 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act before the Principal District Musif Court, Tirunelveli and that the defacto complainant, after coming to know about the filing of the petition, approached him for amicable settlement through mediators and they have entered into a compromise on 09.04.2016 and thereby the original complainant