BABU THOMAS Vs. P.B. SHAMSUDDIN

JUDGEMENT

(1.) The accused in a prosecution for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act') is the revision petitioner as he is mainly aggrieved by the order of the appellate court by which his appeal was dismissed for default.

(2.) Heard the counsel for the revision petitioner and I have perused the orders of the appellate court as well as the judgment of the trial court in S.T.No.1454 of 2008.

(3.) Counsel for the petitioner submitted that as per the judgment of the trial court,the petitioner is found guilty under Section 138 of the N.I.Act and he is sentenced to undergo simple imprisonment for one month and also imposed a fine of Rs.3 lakhs and the default sentence of one month and because of the order of the learned Sessions Judge, the revision petitioner has lost his opportunity to convince the learned Sessions Judge regarding his innocence and to raise his plea for acquittal.