L SELVA Vs. ASOKAN

JUDGEMENT

(1.) PETITION filed under Section 397 r/w 401 of Cr.P.C. against the order dated 9.10.2006 passed by the Principal Sessions Judge, Vellore, in C.A.No,24 of 2006, modifying the order dated 8.2.2006 passed by the Judicial Magistrate IV, Vellore, in C.C.No,263 of 2005.) Animadverting upon the order dated 9.10.2006 passed by the Principal Sessions Judge, Vellore, in C.A.No,24 of 2006, modifying the order dated 8.2.2006 passed by the Judicial Magistrate IV, Vellore, in C.C.No,263 of 2005, this criminal revision case is focussed.

(2.) A 'resume of facts, which are absolutely necessary and germane for the disposal of this criminal revision case would run thus:

(3.) THE learned counsel for the respondent/complainant would invite the attention of this Court to the fact that the accused instead of complying with the statutory notice issued by the complainant, simply veered round and took a plea quite antithetical to what he committed himself in black and white by having a volte face and both the Courts below gave the finding of fact based on records, warranting no interference by this Court. He would also submit that this Court, while exercising its revisional jurisdiction would be reluctant to interfere with the finding of fact unless there is any perversity or non-application of law on the part of either of the Courts. But in this case, the trial Court discussed threadbare the facts and the evidence and arrived at the conclusion, which was confirmed by the appellate Court, after once again considering the pros and cons of the matter.