IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice A.D.JAGADISH CHANDIRA
SHANMUGAM – Appellant
Versus
RAVI – Respondent
##PAGE1##
Crl.O.P.No.1757 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.01.2026
CORAM:
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.1757 of 2026
and
Crl.MP.No.1133 of 2026
Shanmugam ...Petitioner
Vs.
Ravi ...Respondent
Criminal Original Petition is filed under Section 528 of Bharatiya
Nagarik Suraksha Sanhita/Section 482 of Cr.P.C., to set aside the order
passed by the Principal District and Sessions Judge, Chengalpattu in
Criminal Revision Petition No.19 of 2024 dated 11.11.2025 in order passed
by Court of Judicial Magistrate No.1, Madurantakam in Crl.MP.No.2468 of
2023 in CC.No38 of 2022, order dated 13.06.2023.
For Petitioner : Mr.M.Jaikumar
O R D E R
This criminal original petition has been filed seeking to quash the
order dated 11.11.2025 passed by the learned Principal District and Sessions
Judge, Chengalpattu in Criminal Revision Petition No.19 of 2024.
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##PAGE2##Crl.O.P.No.1757 of 2026
2. The brief facts of the case are as follows:-
2.1. The petitioner is an accused facing trial for the offence under
Section 138 of the Negotiable Instruments Act before the learned Judicial
Magistrate No.1, Madurantakam in CC.No.38 of 2022, on the basis of the
private complaint lodged by the respondent/complainant. The petitioner
herein filed a petition under Section 91 of Cr.P.C. in Crl.MP.No.2468 of
2023, seeking to direct the respondent/complainant to produce the ledger in
respect of the Finance Company, Accounts Register, Debt receipt Challan
and license for running the finance company. However, the trial court, vide
order dated 13.06.2023, dismissed the said petition.
2.2. Challenging the same, a revision was preferred by the
petitioner/accused before the learned Principal District and Sessions Judge,
Chengalpattu in Criminal Revision No.19 of 2024. The learned Judge,
finding that there is no infirmity in the dismissal order passed by the trial
court, dismissed the said revision, vide order dated 11.11.2025. Aggrieved
by the same, the present petition has been filed.
3. It is well settled that a revision petition ought to be preferred
before the Sessions Court under Section 397 of Cr.P.C. Once the revision is
dismissed, a subsequent petition under Section 482 Cr.P.C., before the High
Court challenging the very same order would, in substance, amount to a
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##PAGE3##Crl.O.P.No.1757 of 2026
second revision, which is specifically barred under Section 397(3) of Cr.P.C.
The inherent powers of this Court under Section 482 Cr.P.C. cannot be
invoked to circumvent such a statutory bar. However, no doubt, in certain
exceptional circumstances, this Court can entertain a petition filed under
Section 482 Cr.P.C.
4. But, in the present case, no such exceptional circumstance has
been made out warranting interference under Section 482 Cr.P.C. Therefore,
the present petition, being in the nature of a second revision, is not
maintainable and is liable to be dismissed.
5. Accordingly, this Criminal Original Petition stands dismissed.
Consequently, the connected miscellaneous petition is closed.
29.01.2026
skt
Neutral Citation: Yes/No
To
1. The Principal District and Sessions Judge,
Chengalpattu.
2. The Judicial Magistrate No.1,
Madurantakam.
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##PAGE4##Crl.O.P.No.1757 of 2026
A.D.JAGADISH CHANDIRA , J .
skt
Crl.O.P.No.1757 of 2026
and
Crl.MP.No.1133 of 2026
29.01.2026
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