S MURALIKRISHNAN Vs. G MUNIRAJ

JUDGEMENT

(1.) The Criminal Revision Case is directed against the judgment of the learned II Additional District and Sessions Judge, Erode, in C.A.No. 66 of 2015 dated 17.12.2015 confirming the conviction and sentence passed by the learned Judicial Magistrate No.2 (Fast Track Court), Erode in S.T.C.No. 463 of 2012 dated 17.06.2015.

(2.) The facts leading to this revision are as follows:-

(3.) The learned counsel for the revision petitioner mainly contended that the complainant in this case has not proved the case beyond reasonable doubt. He further submits that the complaint is not proved. The cheque amount was already paid to the complainant and the complainant has failed to return the cheque. Afterwards, he filed the false complaint against the accused. PW-1 has not come forward with the clean hands. Further, he admitted that he had filed number of cases under Section 138 of the Negotiable Instrument Act against several persons. Hence, the case of the complainant was not proved in this case beyond all reasonable doubt. The trial Court and the First Appellate Court ought to have acquitted the accused. Since the Court below passed an erroneous Judgment, the learned counsel prays for allowing of the Criminal Revision Case by setting aside the order of the Court below.