R. ARUMUGAM Vs. SRI SUJIES BENEFIT FUND LIMITED

JUDGEMENT

(1.) JUDICIAL Magistrate, Fast Track Court No. II, Coimbatore, has taken cognizance of the complaint under Section 138 of the Negotiable Instruments Act, 1881, and after trial in CC.No. 444 of 2011, convicted the petitioner and sentenced him to undergo simple imprisonment for one year and to pay a fine of Rs. 5,000/ -, in default to undergo simple imprisonment for three months.

(2.) DURING the pendency of appeal, C.A. No. 54 of 2012, petitioner has taken out CMP No. 36 of 2014, seeking for a direction to mark a document dated 31.03.2010, namely, a certified xerox copy of immovable property wherein attachment warrant has been issued by the Special Court under TANPID Act, Coimbatore, in OA.No. 14 of 2009 in CC.No. 53 of 2008.

(3.) BY inviting the attention of this Court to Section 391 of the Code of Criminal Procedure, 1973, learned counsel for the petitioner submitted that the learned IV Additional Sessions Judge, Coimbatore, appellate Court, ought to have passed a separate order in the said CMP.No. 36 of 2014, recording reasons for its dismissal. According to the learned counsel, the appellate Court, has failed to exercise its jurisdiction under Section 391 of the Code of Criminal Procedure, 1973. Attention of this Court was also invited to the Judgment in CA.No. 54 of 2012 dated 06.11.2014, on the file of the learned IV Additional Sessions Judge, Coimbatore and submissions were made in this revision that the appellate authority has failed to consider, even the averments made in CMP No. 36 of 2014 and recorded any reasons, with reference to either, acceptance or rejection of the evidence, sought to be made at the appellate stage. He has also drawn the attention of this Court to the observation made by this Court, while considering the suspension of sentence. For the reasons stated supra, learned counsel for the petitioner has prayed to set aside the impugned order and seeks for remand.