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2009 Supreme(SC) 494

TARUN CHATTERJEE, V.S.SIRPURKAR
Sethuraman – Appellant
Versus
Rajamanickam – Respondent


Advocates appeared:
For the Appellant :S. Ravi Shankar, MRs. Yamunah Nachiar, Ms. Jaya Kedia, Advocates.
For the Respondent:Manish Kumar Saran, Advocate.

JUDGMENT

V.S. Sirpurkar, J. —

1.Leave granted.

2.In these appeals, the common order passed by the Learned Single Judge of the Madras High Court in three Criminal Revisions, is in challenge. By the instant order, the Learned Single Judge set aside the three orders passed by the Trial Court dated 26.7.2004 in Crl.M.P. No. 3057 of 2004 in C.C. No. 216 of 2003 and dated 1.4.2004 in Crl.M.P. Nos. 4184 and 4185 of 2004 in C.C. No. 215 of 2003, and allowed those Crl.M.Ps. Shortly stated, the appellant herein had filed a criminal complaint under Section 200 of the Code of Criminal Procedure (hereinafter referred to as ‘Cr.P.C.’ for short), complaining therein that a cheque signed by the respondent and given for returning the amount of Rs.2 lakhs, which was a loan, was bounced and inspite of the notice given thereafter, the accused (respondent herein) had failed to return the money. A Trial ensued on the basis of this complaint and the complainant (appellant herein) was examined as a first witness for the prosecution on 24.8.2004. He was cross-examined also. On 20.9.2004, the respondent herein filed applications under Section 91 Cr.P.C. and Section 311 Cr.P.C., seeking directions to produce th



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