G S SIVANANDHAM Vs. V S SHANMUGAM

JUDGEMENT

(1.) This Criminal Revision is filed against the order of the learned Additional Sessions Judge, Magalir Neethimandram [Fast Track Mahila Court], Erode, refusing to suspend the sentence of imprisonment by the learned Judicial Magistrate-I, Gopichettipalayam, Erode District.

(2.) The above said calendar case was instituted based on a private complaint filed by the respondent herein. The petitioner is the accused in the private complaint filed by the respondent herein. The said private complaint was filed alleging that the petitioner has committed an offence punishable under Section 138 of The Negotiable Instruments Act. After full-fledged trial, the learned Magistrate reserved the case for judgement. But, on the date when the case was listed for judgement, the petitioner did not appear. The learned Magistrate, howevered, proceeded to pass judgement thereby convicting the petitioner for offence under Section 138 of IPC and sentencing him thereunder to suffer simple imprisonment for 1 year and 6 months. It is seen from the impugned order that on the date of judgement, itself, a non bailable conviction warrant came to be issued by the learned Magistrate against the petitioner herein. Thereafter, challenging the conviction and sentence the petitioner has filed an appeal in Crl.A.No.98 of 2017 before the learned Additional Sessions Judge, Magalir Neethi Mandram [Fast Track Mahila Court], Erode, along with an application seeking suspension of sentence imposed on him by the learned Magistrate which was dismissed by the learned Additional Sessions Judge. Challenging the above said order , the petitioner is before this court with the present criminal revision.

(3.) This Criminal Revision has come up today for admission. I have heard the learned counsel for the petitioner. I do not propose to issue notice to the respondent in view of the fact that the order that I pass herein, will not cause any prejudice to him.