K. MARIAPPAN Vs. PERIYASAMY

JUDGEMENT

(1.) This revision arises against the judgment of learned Additional District and Sessions Judge, Dharmapuri, passed in C.A.No.13 of 2016 on 21.11.2017.

(2.) Revision petitioners faced prosecution for offence under section 138 of the Negotiable Instrument Act in S.T.C.No.121 of 2014 on the file of learned Judicial Magistrate, Fast Track Court, Dharmapuri. Trial Court, under judgment dated 21.10.2016, convicted petitioners and sentenced them to 1 year S.I. and directed each of them to pay Rs. 15,00,000/- to the complainant within three months i/d 1 month S.I. Against such finding, petitioners moved C.A.No.13 of 2016 on the file of learned Additional District and Sessions Judge, Dharmapuri. Appellate Court, under judgment dated 21.11.2017, remanded the case for fresh consideration by trial Court informing that the trial Court had failed to frame an issue and answer the question of whether the debt mentioned in the complaint is legally enforceable or not. Challenging such order, the present revision has been filed.

(3.) Heard learned counsel for petitioners and learned counsel for respondent.