S K RAMAN Vs. J DHONAN

JUDGEMENT

(1.) THE revision petitioner herein is the accused in S.T.C.No.1982 of 2001 on the file of the learned Judicial Magistrate, Udhagamandalam and the respondent herein is the complainant. THE revision petitioner was convicted under Section 138 of the Negotiable Instruments Act and sentenced to undergo rigorous imprisonment for one year and he was also directed to pay a sum of Rs.5,00,000/- as compensation. THE said conviction and sentence were also confirmed by the learned Sessions Judge of the Nilgiris District at Udhagamandalam in Crl.A.No.35 of 2002. Aggrieved by the said conviction and sentence, the petitioner has preferred this Criminal Revision.

(2.) THOUGH notice was ordered to the respondent/complainant, the same could not be served on him. The Village Administrative Officer of Ooty Town at Nilgiris District reported that the complainant is not residing in the given address. The learned Judicial Magistrate, Udhagamandalam, has also given a report stating that the whereabouts of the complainant is not known.

(3.) THE complainant examined himself as P.W.1 and the Bank Manager was examined as P.W.2. When the accused was questioned under Section 313 Cr.P.C. with regard to the incriminating circumstances, he had denied his complicity and examined two witnesses. D.W.1 is an Income Tax Officer and the accused examined himself as D.W.2.