P ARUMUGAM Vs. D BALASUBRAMANIAM

JUDGEMENT

(1.) Animadverting upon the order dated 13.05.2007, passed by the learned Additional Sessions Judge cum Fast Track Court, Erode, in C.A.No. 176 of 2006, confirming the judgment dated 29.12.2005, passed by the learned Judicial Magistrate Court No.1, Erode, in C.C.No. 1229 of 2004, this criminal revision is focussed.

(2.) A 'resume' of facts which are absolutely necessary and germane for the disposal of this revision would run thus: (a) The first respondent filed the complaint under Section 138 of the Negotiable Instruments Act as against the petitioner. (b) Inasmuch as the accused pleaded not guilty, trial was conducted. During trial, the first respondent herein examined himself as P.W. 1 and Exs.Pl to P5 were marked. No oral evidence was adduced on the side of the accused, but Ex.D1 was marked. (c) Ultimately, the trial Court found the accused guilty, recorded the conviction and imposed the sentence as under: Case No. Offence Punishment imposed C. C. No. U/s 138 r/w 142 One year S.I. and to 1229/2004 of NI Act pay a fine of Rs. 1,000/- in default to undergo one month S. I.

(3.) Animadverting upon such judgment of the lower Court, C.A.No. 176 of 2006 was filed for nothing, but to be confirmed by the appellate Court in all aspects.