SARAVANAKUMAR Vs. N KARTHIKEYAN

JUDGEMENT

(1.) The petitioner is the sole accused in S.T.C.No.558 of 2005 on the file of the learned Judicial Magistrate No.VII, Coimbatore and he has been convicted for the offence under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for a period of one year. As against the conviction and sentence imposed, the petitioner filed Crl. Appeal No.251 of 2008 and the first appellate Court by judgment dated 09.09.2009 confirmed the same. Aggrieved by the same, the present Criminal Revision Case is filed.

(2.) The case of the complainant in brief is as follows:

(3.) Learned Counsel appearing for the petitioner would submit that the alleged statutory notice stated to be issued by the respondent/complainant was sent to the wrong address and that the petitioner had never resided in the said address. Therefore, he has not received the same. Further, he would submit that the complainant has preferred the complaint in the capacity of proprietorship of Appa International, however, his signature was not found in the registration certificate. Accordingly, he would pray for setting aside the conviction and sentence ordered by the Courts below.