K. RAMALAKSHMI Vs. SWARNALATHA

JUDGEMENT

(1.) The petitioner has preferred the instant Criminal Revision Case as against the order dated 10.01.2013 in C.C.No.9 of 2013 passed by the Learned Judicial Magistrate No.1, Tirunelveli. The Learned Judicial Magistrate No.1, Tirunelveli on 10.01.2013 in C.C.NO.9 of 2013 has passed the following order:-

(2.) Being dissatisfied with the impugned order dated 10.01.2013 in C.C.No.9 of 2013 passed by the Learned Judicial Magistrate No.1, Tirunelveli in regard to the conversion of the case from Summary Trial Case into Calendar Case, the Petitioner/Accused has focussed the instant Criminal Revision Case before this Court, contending that the order of the trial Court in converting the Summary Trial Case in STC No.1154 of 2010 as Calendar Case in C.C.No.9 of 2013 is against the provisions of the Negotiable Instruments Act, 1881.

(3.) According to the Learned counsel for the Petitioner/Accused, the trial Court has failed to appreciate that the complaint filed by the respondent/complainant under Sec. 138 of the Negotiable Instruments Act, 1881 has to be tried only as Summary Trial Case in accordance with Sec. 143(1) of the Act.