Madras High Court
S.P.Alagappan vs P.Kannan on 22 September, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 22.09.2021
CORAM
THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI
Crl.OP(MD)No.5714 of 2021
in
Crl.A(MD)SR.No.10828 of 2021
S.P.Alagappan : Appellant/Petitioner
Vs.
P.Kannan : Respondent/Respondent
Prayer: Criminal Original Petition filed under section
378(4) of the Criminal Procedure Code, to grant special leave to the
petitioner to file the above appeal as against the judgment and
order of acquittal passed by the Judicial Magistrate (Fast Track),
Karaikudi, dated 31.01.2019 in C.C No.102 of 2018 acquitting the
respondent for the offence under section 138 of Negotiable
Instruments Act.
For Petitioner : Mr.N.Tamilmani
For Respondent : Mr.S.Manikandan
ORDER
This petition is filed to grant special leave to the petitioner
to file the above appeal as against the judgment and order of
acquittal passed by the Judicial Magistrate (Fast Track), Karaikudi,
dated 31.01.2019 in C.C No.102 of 2018, acquitting the respondent
for the offence under section 138 of Negotiable Instruments Act.
https://www.mhc.tn.gov.in/judis/
2.The learned counsel for the petitioner seeks permission
to grant leave. It was opposed on the side of the respondent stating
that the petitioner herein has filed the complaint under section 138
of N.I Act against the respondent before the Court below for
recovery of amount due under the cheque No.000023, dated
20/01/2018 for Rs.10,00,000/- and it is further alleged in the
complaint that a sum of Rs.1,50,000/- has been repaid on various
occasions and the respondent disputed the entire case of the
complainant and also the allegations that there was no liability by
the respondent to the petitioner and even according to the case of
the complainant, the liability is not the extent of the amount
covered under the cheque in dispute and in the said circumstances,
the offence under section 138 of N.I Act is not attracted, based on
the decision reported in 2011(3)MWN(Cr.) DCC 93
(R.B.Ramakrishnan Vs. A.Meena), CDJ-1997-APHC-083 (Girdhari
Lal Rathi Vs. P.T.V.Ramanujachari & another), CDJ 2008 MHC 768
(M/s.Emirates Finance (P) Ltd Vs. V.Harikrishnan) and 2020(3)
MWN(Cr.) DCC 82 (Mad.) (Heer A.Rajani Vs. M.M.Syed Sikkander)
and the trial court and first appellate court correctly dismissed the
complaint filed under section 138 of the Negotiable Instruments Act
and prays that grant leave petition is not maintainable.
https://www.mhc.tn.gov.in/judis/
3.This court has carefully perused the materials available
on record.
4.The petitioner herein filed the petition under section 138
of the Negotiable Instruments Act. In the prayer column, it was
stated as follows:-
“Mifahy; rK:fk; nfhh;l;lhh;
mth;fs; mUs; Th;e;J ,e;j nky;
KiwaPl;oid mDkjpj;Jk; fhiuf;Fo
tpiut[ ePjpkd;wj;jpy; C.C No.102/2018
vd;w vz;zpy; fle;j 31.01.2019 md;W
gpwg;gpj;j cj;juit uj;J bra;J
nky;KiwaPLjhuh;/g[fhh;jhuh; kDtpy;
nfhhpa ghpfhuq;fis tHq;Fk;go
cj;jutpl ntz;oajha;
gpuhh;j;jpf;fg;gLfpwJ.”
5.Hence, from the above averment, it is clear that the
complainant filed the case only for Rs.8,50,000/- and not for Rs.
10,00,000/-. Hence, the ruling reported in 2020(3) MWN (Cr.) DCC
82 (Mad.) is not applicable to this case. Hence, the argument put
forth on the learned counsel appearing for the respondent stating
that the petitioner herein filed the case for Rs.10,00000/- and
https://www.mhc.tn.gov.in/judis/
hence, the petition under section 138 of Negotiable Instrument Act
is not maintainable, is not at all acceptable.
6.The reasons stated in this petition are acceptable.
Hence, in the interest of justice, the petition is allowed and
accordingly, special leave is granted.
22.09.2021
Index:Yes/No
Internet:Yes/No
er
Note :
In view of the present lock
down owing to COVID-19
pandemic, a web copy of the
order may be utilized for
official purposes, but,
ensuring that the copy of the
order that is presented is the
correct copy, shall be the
responsibility of the
advocate/litigant concerned.
https://www.mhc.tn.gov.in/judis/
T.KRISHNAVALLI,J
er
Crl.OP(MD)No.5714 of 2021
in
Crl.A(MD)No.10808 of 2021
22.09.2021
https://www.mhc.tn.gov.in/judis/
