RAJIV SHARMA Vs. INDIA TEXTILE COMPANY

JUDGEMENT

(1.) THE petitioner filed the above criminal original petition praying to direct the learned District Munsif-cum-Judicial Magistrate, Perundui to furnish the copy of the Judgment dated 1. 11. 2004 made in C. C. No. 305 of 2003 on the file of the District Munsif cum Judicial Magistrate, Perundurai to the petitioner enabling him to prefer an appeal.

(2.) HEARD both.

(3.) IN consideration of the facts pleaded, upon perusing the materials placed on record and upon hearing the learned counsel for both, this Court is able to assess that it is a case in which the complaint lodged on the part of the petitioner was taken on file by the trial Court as private complaint registering the case under Section 138 of Negotiable Instruments Act in which the cheque amount is Rs. 4,58,452/-; that on the date of the judgment, the petitioner without appearing himself before the Court, through his counsel has filed applications under Section 317 and 309 Cr. PC seeking the relief stated therein and it was the day that the lower Court has fixed for the delivery of the judgment as a result of which the lower Court has rightly rejected the applications filed by the petitioner and delivered the judgment in which the petitioner got convicted and sentenced to undergo RI for one year further imposing a fine of Rs. 5000/ -.