S.KUMAR Vs. R.THANGARAJ

JUDGEMENT

(1.) THIS criminal revision is filed seeking to call for the records in C.A.No.178 of 2007 on the file of the learned VII Additional Sessions Judge Court, Chennai, confirming the order dated 19.07.2007 made in C.C.No.6058 of 2003, on the file of the learned XV Metropolitan Magistrate, George Town, Chennai and set aside the Judgment dated 05.01.2008 passed in C.A.No.178 of 2007.

(2.) THE learned XV Metropolitan Magistrate, George Town, Chennai convicted the revision petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act and sentenced him to undergo simple imprisonment for two years and to pay a compensation of Rs.30,000.00 to the respondent within a period of three months. On appeal, the learned VII Additional Sessions Judge Court, Chennai, confirmed the conviction and modified the sentence of imprisonment by reducing it to six months simple imprisonment and ordered the compensation to be paid to the respondent within a period of two months.

(3.) THE learned counsel for the respondent would only contend that there was no delay and even if there is a delay, there is no need for filing application since, as per the amendment in Section 142 (3) of the Negotiable Instruments Act, if the court is satisfied with the delay it can condone the delay and even otherwise, as per the decision of the Hon'ble Apex Court, it is a curable defect. Therefore, the court below has rightly held that there is no delay in filing the complaint. He would further contend that the court below has categorically held that the complaint itself was filed within the time from the date of receipt of acknowledgment card. Therefore, the order passed by the court below need not be interfered with.