V P PERIYASAMY Vs. K LAKSHMANAKUMAR

JUDGEMENT

(1.) This Criminal Revision Case is directed against the order passed by the learned Principal Sessions Judge, Salem, in Crl.A.No.97 of 2012, dated 17.09.2014, remanding the matter for denova trial filed against the judgment passed in S.T.C.No.1835 of 2006 on the file of the learned Judicial Magistrate No.IV, Salem.

(2.) The brief facts of the case are as follows:-

(3.) The learned counsel for the petitioner would mainly contend that the lower Appellate Court/Principal Sessions Judge, Salem, ought to have held that even though the complaint filed by the petitioner under Section 138 of the Negotiable Instruments Act was tried as summons case and not tried in a summary way as contemplated under Sections 262 to 265 of Cr.P.C., de nova trial is not necessary and the succeeding Magistrate can follow the procedure as stipulated under Section 326(1) of Cr.P.C., and hence, the order of the court below remanding the matter to the trial Court is not maintainable under law. The appeal was filed by the respondent/accused only to drag on the proceedings. Hence, the order of the First Appellate Court has to be set aside and the criminal revision case has to be allowed.