SREE KAMAL RELEASE Vs. P.N.SUNDARARAJAN

JUDGEMENT

(1.) The present revision has been filed by the petitioner/accused against the dismissal of Crl.A.No.118/2009 vide impugned judgment dated 12.07.2010 by the learned Additional District and Sessions Judge, Fast Track Court No.2, Gobichettipalayam, confirming the judgment of the learned Judicial Magistrate No.1, Gobichettipalayam, dated 22.06.2009, in CC.No.384/2006, finding the petitioner/accused guilty for the commission of the offence under section 138 of the Negotiable Instruments Act [in short ''NI Act''] and convicting and sentencing him to undergo 2 years simple imprisonment and to pay a fine of Rs.5000/- with a default sentence of three months simple imprisonment.

(2.) The revision has been filed originally citing Mr.P.N.Sundararajan as the respondent/complainant. The criminal appeal had been dismissed by the Lower Appellate Court on 12.07.2010 and the present revision has been filed on 10.10.2010. In the interregnum, the respondent/complainant, viz., Mr.P.N.Sundararajan, passed away on 16.08.2010 and thereafter, on the directions of this Court by order dated 15.09.2017, the wife of Mr.P.N.Sundararajan, has been impleaded as the legal representative of the respondent/complainant.

(3.) For the sake of convenience, the revision petitioner is referred to as ''the accused'' and the respondent, viz., Mrs.Shanthi, wife of the deceased complainant Mr.P.N.Sundararajan, is referred to as ''the complainant''.