TaxTMI 
TaxTMI 
2020 (9) TMI 109
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....ioner who is the accused in C.C.No. 423 of 1998 on the file of the learned Judicial Magistrate No.IV, Madurai was found guilty and convicted under Section 138 r/w.142 of Negotiable Instruments Act. He was sentenced to undergo one Year Rigorous Imprisonment and to pay a fine of Rs. 5000/- i/d to undergo three months Simple Imprisonment. The petitioner preferred appeal before the III Additional District and Sessions Judge,Fast Track Court Madurai, challenging the above said order of conviction and the sentence passed by the trial Court. The appellate Court in Crl.A.No 212 of 2001 dismissed the appeal on 08.11.2002 confirming the judgment of the trial Court. The petitioner preferred Crl.R.C. No.2012 of 2002 before the High Court . When the mat....
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....ore this Court stating that the complainant has wrongly represented before the trial Court that there is no criminal revision pending. Alleging that contrary to the fact statement misleading the Court made by the respondent/complainant and on such misleading statement the learned Magistrate issued Non Bailable Warrant on 07.11.2019. Apprehending arrest based on the Non Bailable Warrant, the petitioner has sought for anticipatory bail. 4. This Court at the time of admission, taking into consideration the representation made by the petitioner has thought that Crl.R.C.No. 2012 of 2002 is still pending and not disposed of. Hence directed the Registry to tag the said Criminal Revision case along with this anticipatory bail petition and accordin....
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....s of the case on hand, I am of the opinion that this Case could be dealt with by a larger bench of this court. Therefore, the Registry is directed to place the papers before My Lord the Hon'ble Chief Justice to post the matter before the Larger Bench to decide the case". 6. The Honourable Chief Justice after considering the note and the observation of the Single Judge has constituted a Special Bench headed by Hon'ble Justice Dharma Rao Elipe and Hon'ble Justice P.P.S. Janarthana Raja(as they then were) and the Division Bench has gone into the issue and after considering the facts and merits of the criminal revision has disposed of the Criminal Revision, settling the legal issue referred by the learned Single Judge. 7. The ord....
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.... 5000/- is set aside. With the above observation, the Criminal Revision case is disposed of accordingly". 8. Thus, it is clear as crystal that Crl.R.C.No. 2012 of 2002 has been disposed by the Division Bench on 06.02.2007 confirming the conviction and sentence except the default sentence of the fine. 9. In the said factual and legal scenario it is absolutely correct that there is no revision pending before the High Court on the day when the complainant filed miscellaneous petition in Crl.M.P.No. 4295 of 2018 seeking to issue Non Bailable Warrant to secure the convict. 10. Since the criminal prosecution has crossed the stage of trial, appeal and revision and reached the finality, the person who is found guilty have no right to file an....