SATHYAMOORTHY Vs. A C PALANISAMY

JUDGEMENT

(1.) PETITION filed under Section 397 r/w 401 of Cr.P.C. against the order dated 18.1.2006, passed by the Judicial Magistrate No.1, Erode, in Crl.M.P.No.8362 of 2005 in C.C.No.438 of 2002.Challenging and impugning the order dated 18.1.2006, passed by the Judicial Magistrate No.1, Erode, in Crl.M.P.No.8362 of 2005 in C.C.No.438 of 2002, this criminal revision case is focussed.

(2.) COMPENDIOUSLY and concisely the relevant facts, which are absolutely necessary and germane for the disposal of this civil revision petition would run thus:The revision petitioner herein filed the complaint in C.C.No.438 of 2002 for the offence under Section 138 of the Negotiable Instruments Act as against the respondent/accused herein. Trial commenced and at present, the matter is pending for the accused to adduce his defence evidence and it appears, the accused examined himself as D.W.1.

(3.) ON the respondent's side absolutely there is no explanation forth coming as to what right the accused had in filing Cr.M.P.No.8362 of 2005, after meeting his water loo in the previous Crl.M.P.No.202 of 2005.