Esakkiammal v. Surya Prakash

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Esakkiammal ... Petitioner Vs.

Dr.Surya prakash .. Respondent PRAYER: Criminal Revision Case filed under Section 397 r/w 401 of Cr.P.C., praying to call for the records in Crl.MP.No.820 of 2023 on the file of the learned Judicial Magistrate No.1, at Tambaram and set aside the order dated 27.06.2023 in Crl.MP.No.820 of 2023 on the file of the learned Judicial Magistrate No.1, at Tambaram For Petitioner : Mr.R.Balachanderan

O R D E R

This criminal revision case has been preferred against the order dated 27.06.2023 passed in Crl.MP.No.820 of 2023 on the file of the learned Judicial Magistrate No.1, at Tambaram, thereby dismissing the petition filed under Section 156(3) of Cr.P.C. 2.

Heard, the learned counsel for the petitioner and perused, all

the materials placed before this Court.

3.

On perusal of records, it is revealed that the petitioner lodged complaint alleging that the respondent owes money to the petitioner and as such, the respondent issued cheques drawn from the Vijaya Bank. In the year 2019 itself, Vijaya Bank was merged with Bank of Baroda and even then, the respondent issued cheques drawn from Vijaya Bank and therefore the cheques were dishonoured. Only with the intention to cheat the petitioner, the respondent issued the cheques. Therefore, the petitioner lodged the complaint alleging that the respondent committed offence under Sections 498B, 406, 420, 464, 465, 467, 468 & 471 of IPC. However, this Court is of the view that there were no ingredients in the complaint to attract the aforesaid offences as alleged by the petitioner. Hence, the learned Magistrate rightly dismissed the complaint directing the petitioner to work out his remedy in the manner known to law. Therefore, this Court finds no infirmity or illegality in the impugned order.

4.

In view of the above discussion, this criminal revision case

is dismissed.

11.08.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok

G.K.ILANTHIRAIYAN, J.

lok To The learned Judicial Magistrate No.1, at Tambaram 11.08.2025