L. ASHOK CHAND Vs. C. RAMABAI

JUDGEMENT

(1.) Criminal Revision Case filed as against the Judgment dated 15.11.2007 passed by the learned Additional District and Sessions Judge cum Fast Track Court No.2, Chennai in Crl.Appeal No.62 of 2006 confirming the order dated 01.03.2006 passed by the learned VIII Metropolitan Magistrate, George Town, Chennai in C.C.No.8629 of 2004.

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

(3.) The main contention of the petitioner is that the complainant, viz., Ramabai, who is a salaried employee, did not appear before the Court below to give evidence that such a cheque was issued to her by the petitioner and for that purpose, he also issued subpoena to the respondent/complainant through the trial court to rebut the liability and presumption. Further he would state that inspite of the notice issued, the respondent/complainant did not appear and therefore, the Court below should have taken adverse inference as against the complainant. Further he would state that PW1 is only the power of attorney agent of the complainant and hence, he is an incompetent witness and therefore, also the Courts below should have rejected his witness. According to him, the Power of Attorney has taken the promissory notes, Exs.P2, P3 and P4 and however failed to pay the loan amount and the complainant has misused the same for filing such a complaint. Accordingly, by contending that both the Courts below have failed to take into consideration this vital aspect, prayed for setting aside the judgments passed by the Courts below by allowing this Criminal Revision Case.