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Judgment
M. Nirmal Kumar, J
The petitioner/accused in S.T.C.No.5708 of 2010 was convicted by the trial Court by the judgment dated 22.10.2012 for offence under Section 138 of the Negotiable Instruments Act and sentenced to undergo one year simple imprisonment and to pay the cheque amount of Rs.85,000/- as compensation. Aggrieved against the same, the petitioner preferred an appeal before the learned Principal Sessions Judge, Tiruppur in Crl.A.No.28 of 2012. The learned Sessions Judge, by judgment dated 06.02.2013 dismissed the appeal confirming the conviction of the trial Court, against which the present revision is filed.
2.When the revision was taken up for hearing on 27.09.2018, there was no representation for the petitioner and thereafter it was listed on 04.10.2018 under the caption ‘For Dismissal’. On 04.10.2018 again there was no representation for the petitioner, hence the revision was dismissed for non-prosecution. Thereafter, the revision was restored on the file of this Court by an order dated 04.12.2025.
3.Today, the learned counsel for petitioner submitted that the cheque amount of Rs.85,000/- paid to the respondent by way of Demand Draft. A scanned reproduction of the demand draft reads as under:
4.He further submitted that the respondent has also given an affidavit to the petitioner confirming the receipt of cheque amount and having no objection to compound the offence.
5.It is seen that on several occasions, the case was listed but there was no representation for the respondent. In view of the same, the learned Government Advocate (Crl. Side) through the jurisdictional police to serve notice to the respondent/complainant, namely, M.Balasubramani, S/o.S.Muthusamy, residing at No.13-B, Ranganathapuram 1st Veethi, Kongu Main Road, Tiruppur informing about the pendency of the above revision and ensure the presence of the respondent/complainant before this Court either physically or through virtual mode.