Madras High Court
J.Shanthi vs State Represented By on 29 July, 2021
Crl.R.C.No.397 of 2021 and
Crl.M.P.Nos.6392 & 6393 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 29.07.2021
CORAM:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
Crl.R.C.No.397 of 2021 and
Crl.M.P.Nos.6392 & 6393 of 2021
1. J.Shanthi
2. Rajasekar ...Petitioners
-Vs-
State Represented by
The Sub-Inspector of Police,
G-2, Periamet Police Station, Chennai.
(Crime No.1108 of 2015) ...Respondents
Criminal Revision Case filed under Sections 397 read with Section
401 of Cr.P.C. to set aside the order dated 29.03.2021 in Criminal Appeal
No.42 of 2020 passed by the learned XX Additional Sessions Judge, City
Civil Court, Chennai, confirming the judgment dated 10.01.2020 in
C.C.1840 of 2016 passed by the learned II Metropolitan Magistrate,
Egmore, Chennai, insofar as convicting the petitioners herein for the
offence under Section 420 r/w 34 IPC and sentencing them to undergo six
months rigorous imprisonment and to pay compensation of Rs.1,68,000/- to
P.W.1 Tmt.Vijayakumari and Rs.22,000/- to P.W.4 Sunil, in default, to
undergo three months simple imprisonment, total compensation
Rs.1,90,000/-.
For Petitioner : Mr.K.Kannan
Respondents : Mr.S.Sugendran,
Government Advocate (Crl.Side)
1/6
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Crl.R.C.No.397 of 2021 and
Crl.M.P.Nos.6392 & 6393 of 2021
ORDER
This Criminal Revision Case has been filed against judgment of
conviction and sentence dated 29.03.2021 in Criminal Appeal No.42 of
2020 passed by the learned XX Additional Sessions Judge, City Civil Court,
Chennai, confirming the judgment dated 10.01.2020 in C.C.1840 of 2016
passed by the learned II Metropolitan Magistrate, Egmore, Chennai,
2 The learned counsel appearing for the petitioners would submit
that there were contradictions in the evidence of P.W.1 to P.W.6 with regard
to the payment for alleged subscriptions made by the defacto complainant,
who was examined as P.W.1. Further, P.Ws.2, 3, 5 and 6 are only hearsay
witnesses and they do not have any direct knowledge about chit fund. There
was inordinate delay in lodging the complaint by P.W.1. Both the Courts
below have failed to appreciate the fact that there were insertions,
corrections and wrong calculations found in the materials produced by the
prosecution. Prosecution has failed to send the signature of the petitioners to
Forensic Lab to prove the commission of offence by the petitioners. Except
https://www.mhc.tn.gov.in/judis/
Crl.R.C.No.397 of 2021 and
Crl.M.P.Nos.6392 & 6393 of 2021
P.W.1 and P.W.4, no other witnesses have been examined to prove offence
alleged to have committed by the petitioners. Even though there are
contradictions in the evidence of prosecution witnesses and there is no
corroborative evidence produced by the prosecution, both the Courts below
have convicted the petitioners, which is liable to be set aside.
3 The learned Government Advocate (Crl.Side) appearing for the
respondent would submit that petitioners induced the defacto complainant
P.W.1 to join monthly chit of Rs.1000/- for 12 months with a promise to
repay the same by adding a sum of Rs.4,000/- amounting to Rs.16,000/-.
But, they have failed to act upon their promise and they did not repay the
money collected from the victims. Prosecution has clearly proved its case by
examining P.Ws.1 to 7 and also marked documents Exs.P1 to 15. The
learned trial Judge has rightly convicted the petitioners and imposed
sentence, which does not call for any interference.
4 Heard the learned counsel for the petitioners and the learned
Government Advocate (Crl.Side) for the respondent and also perused the
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Crl.R.C.No.397 of 2021 and
Crl.M.P.Nos.6392 & 6393 of 2021
materials available on record.
5 This Court, while exercising revisional jurisdiction, cannot
exercise power of the Appellate Court and this Court, being a revisional
Court, cannot sit in the arm chair of appellate Court and it has no power to
re-assess the evidence and substitute its views on findings of fact.
6 A careful reading of the materials placed before this Court, it is
seen that the petitioners run a chit fund and P.Ws.1 and 4 have clearly stated
that they joined in the chit fund run by the petitioners and they did not repay
the amount as promised by them. Prosecution has proved its case beyond all
reasonable doubt and the petitioners have not done anything to disprove the
same. The learned Magistrate has also appreciated the evidence of
prosecution witnesses and come to the conclusion that the petitioners have
committed offence and the lower appellate Court has also re-appreciated the
entire evidence and confirmed the judgment of the trial Court. This Court
does not find any perversity in appreciating the evidence by both the Courts
below and there is no merit in the revision.
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Crl.R.C.No.397 of 2021 and
Crl.M.P.Nos.6392 & 6393 of 2021
7 Accordingly, this criminal revision shall stand dismissed.
Consequently connected miscellaneous petitions are closed. The trial Court
is directed to secure the revision petitioners to undergo remaining period of
imprisonment, if any.
29.07.2021
Index : Yes/No
Speaking Order/Non Speaking Order
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To
1. The XX Additional Sessions Judge, City Civil Court, Chennai.
2. The II Metropolitan Magistrate, Egmore, Chennai.
3. The Public Prosecutor, High Court of Madras.
https://www.mhc.tn.gov.in/judis/
Crl.R.C.No.397 of 2021 and
Crl.M.P.Nos.6392 & 6393 of 2021
P.VELMURUGAN, J.,
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Crl.R.C.No.397 of 2021 and
Crl.M.P.Nos.6392 & 6393 of 2021
29.07.2021
https://www.mhc.tn.gov.in/judis/
