V PANKAJAM PROPRIETRIX, PANKAJAM SILKS Vs. M SALEEM

JUDGEMENT

(1.) The accused is the petitioner herein. As the parties in all the three petitions and the nature of the orders impugned herein and the controversy in issue involved in all the petitions are one and the same, the criminal original petitions are disposed of by a common order.

(2.) The respondent herein by name M.Saleem filed three private complaints against the petitioner herein for proceeding against him for the offence under section 138 of the Negotiable Instruments Act, in connection with the dishonour of three cheques for repayment of money due to the complainant. The offence was alleged to have been taken place on 20.7.2003 and the complaints came to be filed on 30.7.2003. Whereas, CC.Nos.381 to 383/2005 were, by individual orders dated 17.10.2007 dismissed for default due to non appearance of the complainant and the accused was acquitted accordingly. Aggrieved against the same, the complainant filed Crl.R.P.Nos.37 to 39 of 2007. The revision petitions were allowed and the orders passed by the Judicial Magistrate No.1, Kancheepuram were set aside and the CCs were restored to file and the parties were directed to appear before the Judicial Magistrate No.I, Kancheepuram on 27.6.2008. Hence, the accused preferred the present Criminal Original Petitions before this court.

(3.) The impugned orders were challenged on two grounds (i) no notice was issued to the petitioner in the criminal revisions and (ii)the revisional court failed to consider indifferent attitude of the complainant in not appearing before the court concerned, when the matter was posted for trial and when the accused was promptly present and made appearance in the court.