This is a criminal revision dismissing a petition challenging a conviction and sentence under Section 138 of the Negotiable Instruments Act. The High Court found no error in the reasoned orders of the courts below and directed execution of the warrant.
Criminal revision petition dismissed; directed to execute the warrant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.01.2014
Coram:
THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN
Crl.R.C(MD).No.795 of 2013 & M.P.(MD).No.2 of 2013
I.Sivalingam . . Petitioner/Accused
Vs.
1.State of Tamil Nadu Rep.by Public Prosecutor, Nagercoil. . . 1st Respondent/1st Respondent 2.S.Thinakaran . . 2nd Respondent/Complainant
Petition filed under Section 397 r/w 401 Cr.P.C. to set aside the order passed in C.A.No.178 of 2007 dated 27.01.2012 on the file of the District and Sessions Court, Kanyakumari Division at Nagercoil confirming the judgment passed in C.C.No.1 of 2006, dated 19.10.2007 by the Judicial Magistrate Court No.I, Nagercoil, Kanyakumari District.
For Petitioner : Mr.V.H.S.Pratap For Respondents : Mr.P.Kannithivan for R1 Government Advocate (Criminal Side) Mr.P.T.Ramesh Raja for R2
ORDER
This criminal revision is filed against the order passed in C.A.No.178 of 2007, dated 27.01.2012 on the file of District and Sessions Court, Kanyakumari Division at Nagercoil, confirming the judgment passed in C.C.No.1 of 2006, dated 19.10.2007 by the Judicial Magistrate No.I, Nagercoil, Kanyakumari District.
2
Assistant Registrar(T & P)
/True Copy/
Sub-Assistant Registrar
To
ORDER MADE IN Crl.R.C(MD).No.795 of 2013 & M.P.(MD).No.2 of 2013 06.01.2014
jikr msm 24.01.2014 p2/6c
2 issues framed by the court
Whether the criminal revision petition filed under Section 397 r/w 401 Cr.P.C. to set aside the conviction order should be allowed.
Whether the conviction for the offence under Section 138 of the Negotiable Instruments Act was properly substantiated by the evidence on record.
3 provisions across 2 enactments
I.Sivalingam
State of Tamil Nadu Rep.by Public Prosecutor, Nagercoil
S.Thinakaran
Aruna Jagadeesan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
