K. VANNIARAJ Vs. USHA SELVAKUMARI

JUDGEMENT

(1.) THE petitioner is the complainant in C.C. No. 141 of 2012 on the file of the learned Judicial Magistrate, (Fast Track Court), (Magisterial Level), Tuticorin and the respondent is the accused in this case. The petitioner had filed the said case by way of a private complaint alleging that the respondent had committed an offence punishable under Section 138 of the Negotiable Instruments Act.

(2.) THE learned Magistrate, by order dated 05.12.2014, dismissed the said private complaint under Section 204(4) of Code of Criminal Procedure. Challenging the same, the petitioner is before this Court with this criminal revision case.

(3.) THE private complaint before the trial Court was pending from the month of July 2007. But the accused did not appear. Bailable warrant was issued by the lower Court and the same was pending execution. But the warrant was issued to the Inspector of Police, Naserath Police Station, Naserath, Tuticorin. But, he did not execute the warrant. The case was repeatedly adjourned with the endorsement as follows: