T A SALEEM Vs. K A ATHMACHARAN

JUDGEMENT

(1.) THE revision petitioner is the accused who had initiatedproceedings under Section 138 of the Negotiable Instruments Act and Section 420 IPC. THE accused happened to be discharged under section 249 Cr.P.C on the ground that the complainant was absent for two consecutive posting dates. THE Revisional Court allowed the application filed by the complainant. THE contention of the revision petitioner is that the proceedings under section 138 being a summons trial Section 249 cannot be invoked. I find that as section 420 IPC is also involved the order of the Sessions Judge cannot be said to be incorrect. In the circumstances, I find that there is no merit in the revision petition and the same is dismissed. Non bailable warrant pending if any shall be kept in abeyance. THE revision petitioner shall appear before Chief Judicial Magistrate, Kasaragod on 25.04.2007.