Zahir Hussain v. S.Sikkandar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated:12.06.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Jahir Ussain ... Petitioner Vs.

S.Sikkandar ... .Respondent PRAYER: Criminal Revision filed under Section 397 r/w 401 of the Criminal Procedure Code, to call for the records pertaining to Crl.M.P.No. 1788 of 2024, in S.T.C.No.59 of 2021, dated 03.05.2024 on the file of the learned Judicial Magistrate, Thirumangalam, and set aside the same as devoid of merits by allowing this Criminal Revision Petition. For Petitioner : Mr.A.Haja Mohideen

O R D E R

The petitioner submitted that the petitioner/complainant has filed a petition in Crl.M.P.(MD)No.1788 of 2024 under Section 143(A) of NI Act seeking interim compensation and the same was dismissed by the learned Judicial Magistrate, Tirumangalam.

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2. The case of the prosecution is that the petitioner is a pharmacist and working as a Drug Analaysist. While so, his close relative is the respondent herein borrowed money to the tune of Rs.1,80,00,000/- from the petitioner by executing debt deed and also issued cheques to settle the same. But he failed to return the money and all the cheques were bounced. Hence, legal notice was issued on 24.12.2020 and the same was received by the respondent on 26.12.2020. Despite the notice, the respondent failed to return the money. Hence the petitioner had filed a petition in S.T.C.No.59 of 2021 on the file of the learned Judicial Magistrate, Tirumangalam, and the same was taken on file on 12.02.2021.

3. The learned Counsel for the petitioner submitted that the respondent cheated the petitioner and usurped his huge amount and living a luxurious life without returning the money and dragging the case unnecessarily. Hence, he seeks for interim compensation.

4. This Court has considered the submissions made by the learned counsel for the petitioner and perused the records placed before this Court. Page No.2/4

5. Considering the submissions made by the learned Counsel for the petitioner, this Court is directing the learned Judicial Magistrate, Tirumangalam, to dispose the case within a period of two months from the date of receipt of a copy of this Order.

6. Accordingly, this Criminal Revision Petition is disposed of. 12.06.2024 NCC : Yes/No Index :Yes/No Internet :Yes/No jbr NOTE: Issue order copy on 13.06.2024 Page No.3/4

K.K.RAMAKRISHNAN, J.

jbr Order made in 12.06.2024 Page No.4/4