Crl.R.C.(MD).Nos.171 and 172 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

RESERVED ON : 22.06.2023

PRONOUNCED ON :30.06.2023

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

Crl.R.C.(MD)Nos.171 and 172 of 2023

and

Crl.M.P.(MD)No.2438 of 2023

Gopalamanikandan

... Revision Petitioner/Petitioner/Accused

in both petitions

Vs.

Natarajan

... Respondent/ Respondent/Complainant

in both petitions

COMMON PRAYER: Criminal Revision Petitions have been filed under

Section 397 r/w 401 of the Code of Criminal Procedure, to call for records

relating to impugned order dated 27.01.2023, passed in Crl.M.P.No.171 of 2023

and Crl.M.P.No.291 of 2023 in S.T.C.No.114 of 2022, on the file of the Judicial

Magistrate, Manapparai and set aside the same.

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Crl.R.C.(MD).Nos.171 and 172 of 2023

For Petitioner

in both petitions

: Mr.R.Gandhi

Senior Counsel

for Mr.K.S.Kathiravan

For Respondent

in both petitions : Mr.V.Selva Kumar

COMMON ORDER

The Criminal Revision in Crl.R.C.(MD)No.171 of 2023 is directed against

the order passed in Cr.M.P.No.171 of 2023 in S.T.C.No.114 of 2022, dated

27.01.2023 on the file of the Judicial Magistrate Court, Manaparai in dismissing

the petition filed under Section 45(A) r/w 79(A) of the Information Technology

Act 2000.

2. The Criminal Revision in Crl.R.C.(MD)No.172 of 2023 is directed

against the order passed in Cr.M.P.No.291 of 2023 in S.T.C.No.114 of 2022,

dated 27.01.2023 on the file of the Judicial Magistrate Court, Manaparai in

dismissing the petition to re-open the case.

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Crl.R.C.(MD).Nos.171 and 172 of 2023

3. The revision petitioner in both the cases is the sole accused in S.T.C.No.

114 of 2022 on the file of the Court of Judicial Magistrate, Manaparai and is

facing charges for the offence under Section 138 r/w 142 of the Negotiable

Instruments Act. It is evident from the records that after the closure of the

evidence on the side of the complainant as well as the accused and when the case

stood posted for arguments, the accused has filed two applications one in

Crl.M.P.No.171 of 2023 under Section 45(A) r/w 79(A) of the Information

Technology Act 2000 for sending the Compact Disk for voice analysis and to

find out the voice in the Compact Disk is that of the complainant and the other in

Crl.M.P.No.291 of 2023 for reopening of the case.

4. The case of the respondent/complainant is that the complainant is a

reporter in Dinamalar Newspaper and since both the complainant and the

accused are residing in the same area, the accused developed friendship with the

complainant, that the accused has borrowed a sum of Rs.5,00,000/- on

07.08.2021 at the house of the complainant to meet his immediate unexpected

expenses and he had issued a signed cheque dated 22.10.2021, that when the

cheque was presented for collection, the same was returned for want of sufficient

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Crl.R.C.(MD).Nos.171 and 172 of 2023

funds in the bank account of the accused, that the complainant has sent a legal

notice dated 17.11.2021 demanding to pay the cheque amount, that the

complainant has also sent a rejoinder on 28.12.2021 to the legal notice dated

17.11.2021 by mentioning the date of borrowal which was inadvertently omitted,

that the accused, having received the legal notice, sent a reply notice on

06.12.2021 raising vague allegations and that since the accused has not repaid

the amount, the complainant was constrained to file the above private complaint.

5. The case of the petitioner raised in the petitions filed in Crl.M.P.Nos.

171 and 291 of 2023 is that due to the friendly relationship between the accused

and the complainant's father, the accused had issued signed blank cheque to the

complainant's father and that after the death of the complainant's father, the

complainant by utilising the cheque, has filed th