B.U. MUTHUSAMI Vs. M.K.M. DINESH

JUDGEMENT

(1.) The petitioner/accused was acquitted by judgment dtd. 30/1/2015 in C.C.No.276 of 2006 passed by the learned Judicial Magistrate No.I, Gobichettipalayam (trial Court) on the complaint of the complainant for offence under Sec. 138 of Negotiable Instruments Act, 1881. Challenging the same, the complainant preferred an appeal before the learned III Additional District and Sessions Judge, Erode at Gobichettipalayam (lower appellate Court) in Crl.A.No.56 of 2018 and the same was allowed on 30/9/2019 setting aside the judgment of the trial Court and convicting the petitioner for offence under Sec. 138 of Negotiable Instruments Act, 1881 and sentencing him to undergo one year Simple Imprisonment and to pay a fine of Rs.7,00,000.00 as compensation. Aggrieved over the same, the present Criminal Revision Case is filed.

(2.) During the pendency of this revision, the 1st respondent/complainant died on 11/11/2022, hence, an impleading petition in Crl.M.P.No.21565 of 2025 in Crl.R.C.No.1035 of 2019 filed to subsist the wife, daughter and mother of the 1 st respondent/complainant. This Court by order dtd. 14/11/2025 substituted them in the place of the 1st respondent/complainant.

(3.) For the sake of convenience and clarity, the petitioner is referred to as accused and the 1st respondent (died) is referred to as complainant.