MALLAIYAN Vs. MAHALAKSHMI

JUDGEMENT

(1.) Though the case has been listed under the caption "for dismissal", when the matter is taken up today, the learned counsel for the petitioner only seeks an adjournment of the matter. Till date, notice has also not been served on the respondent. Since this Court is not inclined to give adjournment in old matters, the Criminal Revision Case is taken up for disposal on merits as per the judgment of the Hon'ble Supreme Court reported in [K.S.Panduranga vs. State of Karnataka, 2013 3 SCC 721].

(2.) The petitioner is the sole accused in C.C.No.245 of 2011 on the file of the learned Judicial Magistrate, Fast Track Court at Magisterial Level-II, 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 three months and to pay a fine of Rs.2,000/-, in default, to undergo simple imprisonment for two months. As against the conviction and sentence imposed, the petitioner filed Crl. Appeal No.134 of 2012 and the first appellate Court by judgment dated 07.02.2013 confirmed the same. Aggrieved by the same, the present Criminal Revision Case is filed.

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