C.RAJASEKARAN Vs. S.PADMAVATHI

JUDGEMENT

(1.) This Criminal Revision Case is filed to set aside the conviction imposed in the judgment 2/4/2019 made in C.A.No.139 of 2017 on the file of the learned V Additional District Sessions Judge, Coimbatore, by confirming the judgment dtd. 1/6/2017 made in C.C.No.71 of 2015 on the file of the learned Judicial Magistrate Fast Track Court No.I, Magistrate Level, Coimbatore.

(2.) The petitioner herein is the accused. The first respondent is the complainant.

(3.) The respondent filed a complaint against the petitioner/accused for the offence under Sec. 138 of the Negotiable Instruments Act (hereinafter referred as "N.I Act" in short) before the learned Judicial Magistrate (Fast Track Court No.I), at Magistrate Level, Coimbatore. The learned Magistrate has taken the cognizance of complaint on file in C.C.No.71 of 2015 and after hearing the arguments, held that the petitioner/accused was found guilty for the offence under Sec. 138 of the N.I Act and convicted and sentenced to undergo six months Simple Imprisonment and pay a sum of Rs.5,00,000.00 as compensation, within two months from the date of the judgment, in default, to undergo simple imprisonment for further period of two months. Challenging the said judgment of conviction and sentence, the petitioner/accused filed an appeal before the Principal District and Sessions Judge, Coimbatore and taken the appeal on file in Crl.A.No.139 of 2019 and made over to the V Additional District and Sessions Judge, Coimbatore, for disposal. The learned Additional Sessions Judge, after hearing the arguments advanced on either side and considering the materials, dismissed the appeal. Challenging the said judgment of dismissal of the appeal, the petitioner/accused has filed the present criminal revision case before this Court.