GEORGE Vs. RAMAN

JUDGEMENT

(1.) The revision Petitioner is the Appellant in C.A. No. 123 of 2006 pending on the file of the Additional District Judge, Fast Track Court No. I, Tirunelveli. He was arrayed as an accused in C.C. No. 279 of 2002 on the file of the Court of Judicial Magistrate, Valliyoor and he was convicted under Section 138 of the Negotiable Instruments Act and imposed the sentence to rigorous imprisonment for a period of two years and to pay a fine of Rs. 5,000/-, vide order dated 15.05.2006. The Petitioner herein challenging the vires of the same, preferred the above appeal.

(2.) Pending disposal of the Appeal, the Petitioner herein has filed a Petition in Cr.M.P. No. 132 of 2006 under Section 391 of Code of Criminal Procedure, stating that he has paid the entire amount to the Respondent/complainant, on 08.08.2002 and 27.08.2002 and due to the fact that his counsel has colluded with the opponent, PW-1 was not cross-examined and therefore, prays for one more opportunity to recall and cross-examine PW-1 and marked the document evidencing that he has paid the entire amount. The said application was opposed by the Respondent/complainant by filing the counter stating among other things that on an earlier occasion, the Petitioner took out similar application and the same was dismissed and challenging the legality of the same, he has preferred the Revision before this Court and the same was also dismissed and once again, the Petitioner has approached the Lower Appellant Court with a similar relief that was rightly rejected. It is further stated in the counter that the only intention of the Petitioner herein is to drag on the proceedings.

(3.) The Fast Track Court No. I, Tirunelveli, after taking into consideration the averments made in the Petition and counter has dismissed the application, vide order, dated 08.10.2010 and the challenge is made to the said order by filing the present revision.