CRL.R.C.(MD).No.781 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Reserved on : 25.08.2022

Pronounced on : 02.09.2022

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

CRL.R.C.(MD).No.781 of 2022

and

CRL.M.P.(MD).No.9709 of 2022

1.M/s.Jambai Hardware Stores,

Rep. by its Managing Partner,

S.Mohamed Yahiya,

Tanjore Main Road,

Thiruverumbur, Trichy-13.

2.S.Md.Yahiya

3.S.Hassan Ali

4.Y.Shakila Banu

: Petitioners/Petitioners/Appellant

Vs.

Prakash A.Khanna

: Respondent/Respondent/Respondent

PRAYER: Criminal Revision Case has been filed under Section 397 and 401 of

Cr.P.C, to call for the records in Cr.M.P.No.2 of 2021 in Crl.A.No.1 of 2020,

dated 05.04.2022 on the file of the learned Principal District and Sessions Judge,

Tiruchirappalli and revise the same.

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CRL.R.C.(MD).No.781 of 2022

For Petitioners

: Mr.N.Mohideen Basha

ORDER

The Criminal Revision Petition is directed against the order passed in

Cr.M.P.No.2 of 2021 in Crl.A.No.1 of 2020, dated 05.04.2022 on the file of the

learned Principal District and Sessions Judge, Tiruchirappalli, dismissing the

petition filed under Section 293 of Cr.P.C.

2.The petitioners are the appellants in Crl.A.No.1 of 2020 on the file of the

learned Principal District and Sessions Judge, Tiruchirappalli and accused in

S.T.C.No.201 of 2018 on the file of the learned Judicial Magistrate No.IV,

Tiruchirappalli.

3.The respondent is the complainant and he filed a private complaint under

Section 200 Cr.P.C., against the petitioners for the alleged offence under Section

138 of N.I. Act.

3.The learned Judicial Magistrate No.IV, Trichy, after conducting trial, has

passed a judgment, dated 25.11.2019, convicting the petitioners/accused for the

offence under Section 138 of N.I. Act and sentenced the first accused firm to pay

a fine of Rs.5,000/- and sentenced the accused 2 to 4 to undergo six months

Simple Imprisonment each and to pay a fine of Rs.5,000/- each, in default to

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CRL.R.C.(MD).No.781 of 2022

undergo one month Simple Imprisonment. Challenging the said Judgment of

conviction and sentence, the accused have preferred an appeal in Crl.A.No.1 of

2020 and the same is pending on the file of the learned Principal District and

Sessions Judge, Tiruchirappalli.

4.Pending appeal, the petitioners/accused have filed a petition in

Cr.M.P.No.2 of 2021 under Section 293 of Cr.P.C. seeking orders for forwarding

the documents exhibited as Ex.P.1 to Ex.P.8 to the Nutron Activation Analysis

Chemistry Division, Bhabha Atomic Research Centre, Trombay, Mumbai for

examining the age of the ink used in the signatures found in Ex.P.1 to Ex.P.8

compared with the contents filled up in those documents and for sending of the

report.

5.The respondent/complainant has filed a counter statement raising serious

objections for granting the relief claimed by the petitioners/accused.

6.The learned Principal District and Sessions Judge, after enquiry in the

above petition in Cr.M.P.No.2 of 2021, has passed the impugned order,

dismissing the same. Aggrieved by the said order of dismissal, the

petitioners/accused have come forward with the present criminal revision.

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CRL.R.C.(MD).No.781 of 2022

7.The case of the complainant is that the accused have approached the

complainant for financial help and received Rs.30,00,000/- on 10.10.2005 from

the complainant, that after executing promissory notes, the accused were paying

interest to the complainant for some time, that after expiry of two years period,

since interest were not paid, the complainant insisted for the return of the loan

amount along with interest, that the accused have issued cheques in favour of the

complainant in order to repay the amounts due, that three cheques were issued by

the second accused duly signed by him in the name of the f