CHIKKEGOWDA Vs. PRABHAKAR

JUDGEMENT

(1.) THIS revision petition under Section 397 read with 401 of Cr.P.C. is filed to set -aside the order dated 8 -12 -2009 in Crl. Appeal No. 1095/2007 on the file of Fast Track Court -IV, Bangalore City.

(2.) THE revision petitioner was the accused and the respondent was the complainant in C.C. No. 3123/2006 before the XV Additional C.M.M., Bangalore. The complainant filed a complaint against the accused for offence punishable under Section 138 of Negotiable Instruments Act. The accused appeared before the Magistrate and denied the accusation. The complainant in order to prove his case, examined himself as P.W. 1 and relied upon fourteen documents marked as Exs. P -1 to P -14. When the case was posted for cross -examination of P.W. 1 on number of occasions, the accused went on taking time. Finally, the case was posted for cross -examination of P.W. 1 on 18 -6 -2007. On that day, P.W. 1 was absent. The accused was also absent. The accused was exempted. The learned Magistrate has closed the evidence of P.W. 1 on that day and proceeded further and by judgment dated 5 -9 -2007 convicted the accused for offence punishable under Section 138 of the N.I. Act and sentenced him to pay a fine of Rs. 9,50,000/ -.

(3.) I have heard the learned counsel for the accused/revision petitioner and perused the records.