K N SUBRAMANIAM Vs. EZHILARASI

JUDGEMENT

(1.) Since the petitioner in both the above criminal revision cases are same and the respondent in Crl. R.C. No. 264 of 2008 is the husband of the respondent in C.C. No. 236 of 2008 and the issues that arise for consideration in both the above criminal revision cases are one and the same, both the criminal revision cases are being disposed of by this common order.

(2.) The petitioner in the above criminal revision cases is the accused in C.C. Nos. 190 and 191 of 2001 on the file of the learned Judicial Magistrate No. II, Erode, wherein, he faced trial for the offence under section 138 of the Negotiable Instruments Act. After trial, the Trial Court convicted the petitioner in each case for the said offence and sentenced him to undergo simple imprisonment for two years and to pay a fine of Rs. 5,000/-, with a default clause. Being aggrieved by that, the petitioner preferred appeals in C.A. Nos. 186 and 187 of 2003 before the Additional District Sessions Judge-cum-Fast Track Court No. I, Erode. The Lower Appellate Court, on an independent consideration of the evidence, con- firmed the conviction and sentence imposed on the petitioner. Being ag- grieved by that, the petitioner is before this Court.

(3.) The brief facts which are necessary for the disposal of Crl. R.C. No. 236 of 2008 are set out below :