(1.) The revision petitioner herein is the accused in C.C.No.482 of 2006 on the file of the learned Judicial Magistrate, Tiruvottiyur and he was convicted by the trial Court for an offence under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment three months and to pay a fine of Rs.5,000/-, in default, to undergo simple imprisonment for two weeks. Challenging the said conviction and sentence, the revision petitioner herein had preferred an appeal in C.A.No.62 of 2010 before the learned Principal District and Sessions Judge, Tiruvallur. Along with the said appeal, the petitioner has also filed a petition seeking suspension of sentence as the sentence of imprisonment imposed on the petitioner had already been suspended by the trial Court after the fine amount being paid. The said appeal and the petition were numbered on 11.08.2010. But at the time of calling the appeal, as there was no representation and accused was absent, an order of dismissal was passed by the learned Sessions Judge. Aggrieved by the order passed by the learned Sessions Judge, the revision petitioner herein has preferred this Criminal Revision before this Court.
(2.) The learned counsel for the petitioner submits that the petitioner viz., Palraj Mosses is aged about 64 years and he was affected by illness on that day and therefore, he went to take some tea and he could not be present in the Court. In the meantime, the case had been called and dismissed. Subsequently, the counsel for the petitioner, who had been in another Court, came and represented before the Court. But the learned Sessions Judge had already dismissed the appeal. The learned counsel for the petitioner further submits that unless the petitioner is given a chance to argue the appeal, he would be sent to prison and the sentence of imprisonment is also suspended by the trial Court only till today.
(3.) This Court has considered the submissions made by the learned counsel for the petitioner and also perused the records.