1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 22.02.2011 Coram: The Honourable Mr. Justice C.T.SELVAM Crl.RC.(MD)No.135 of 2011 A.Somasundaralingam .. Revision Petitioner vs. 1. V.Murugesan 2. M.Padma 3. S.Rajendran .. Respondents Prayer: Criminal Revision Petition filed under Section 397 r/w 401 of Criminal Procedure Code call for the records in C.M.P.NO.331 of 2011, on the file of the Judicial Magistrate Court No.1, Kuzhithurai, Kanyakumari District dated 27.01.2011 and set aside the same and consequently direct the learned Judicial Magistrate No.1, Kuzhithurai to direct the respondent No.4 to register the case. For Petitioner : Mr.T.Lajapathi Roy ORDER This petition challenges the order of the learned Judicial Magistrate No.I, Kuzhithurai in C.M.P.NO.331 of 2011 on 27.01.2011. 2. Heard the learned Counsel for the petitioner. 3. By the order under challenge, the lower Court dismissed the complaint before it under Section 203 Cr.P.C. In doing so, it took into consideration the case of the complainant that he was the guarantor of one Subbiah Nadar, who availed a loan of Rs.10,00,000/- from a bank. The complainant informed of three accused persons having fabricated documents and wrongfully dealing with the property of such Subbiah Nadar. Offences under Sections 120(b), 420, 406, 477 r/w 34 I.P.C. were alleged. 4. The lower Court observed that neither Subbiah Nadar nor any of his heirs i.e. the persons who would be affected by the alleged fraudulent deeds had preferred a complaint and the remedy for the complainant/the guarantor of such Subbiah Nadar would be by way of appropriate action against the bank in a civil forum. The decision of the lower Court is in keeping with the decision of the Apex Court in Mohd. Ibrahim V. State of Orissa, 2009(3) SCC (crl.) 929. 5. This Court does not find any error in the order of the lower Court This Criminal Revision Petition is dismissed. Sd/- Assistant Registrar(P&A) /TRUE COPY/ Sub Assistant Registrar To The Judicial Magistrate No.1, Kuzhithurai, Kanyakumari District. ss/avr Crl.RC.(MD)No.135 of 2011 PA/30.03.2011/1P/2C 22.02.2011 https://hcservices.ecourts.gov.in/hcservices/