Madras High Court
S.Irudayaraj vs P.Siva on 18 April, 2022
Crl.R.C.No.879 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.04.2022
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.R.C.No.879 of 2017
and
Crl.M.P.Nos.8198 & 8199 of 2017
S.Irudayaraj ... Petitioner/Accused
Versus
P.Siva ...
Respondent/complainant
PRAYER : Criminal Revision Case filed under Sections 397 and 401 of
Cr.P.C. To set aside the conviction and sentence passed by XV Additional
Sessions Court, Chennai in C.A.No.309/2016 dated 25.04.2017
confirming the sentence and order of conviction by learned Metropolitan
Magistrate Court, Fast Track Court-II, Chennai in C.C.No.981 of 2014
dated 28.09.2016 and allow the above Criminal Revision Case.
For Petitioner : Mr.V.V.Sairam
For Respondent : Mr.S.Vivek
for M/s.DMH Partners
Page No.1 of 6
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.879 of 2017
ORDER
This Criminal Revision Case has been filed to set aside the
conviction and sentence passed by the learned XV Additional Sessions
Judge, Chennai in C.A.No.309 of 2016 dated 25.04.2017 confirming the
sentence and order of conviction passed by the learned Metropolitan
Magistrate, Fast Track Court-II, Egmore at Allikulam, Chennai in
C.C.No.981 of 2014 dated 28.09.2016 and allow the above Criminal
Revision Case.
2. The petitioner/accused in C.C.No.981 of 2014 was
convicted by the learned Metropolitan Magistrate, Fast Track Court-II,
Egmore at Allikulam, Chennai under Section 138 of Negotiable
Instrument Act and sentenced to undergo simple imprisonment for one
year and to pay a sum of Rs.10,00,000/- as compensation to the
respondent/complainant, in default to undergo three months simple
imprisonment. Aggrieved against the same, the petitioner has filed an
appeal before the learned XV Additional Sessions Judge, Chennai in
C.A.No.309 of 2016. The learned XV Additional Sessions Judge, by
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Crl.R.C.No.879 of 2017
judgment dated 25.04.2017 dismissed the appeal with modifications. The
learned Sessions Judge confirmed the conviction with regard to one year
imprisonment alone. As regards the compensation, the learned Sessions
Judge modified the same as Rs.5,00,000/- equivalent to the cheque
amount instead of Rs.10,00,000/- and directed the petitioner to pay the
same. Against which, the petitioner has preferred this present Criminal
Revision Petition.
3. Learned counsel for the petitioner submitted that the petitioner
died on 11.07.2019. Thereafter, he was unable to contact anybody from
the side of the petitioner.
4. Learned counsel appearing for the respondent submitted that the
petitioner S.Irudayaraj died on 11.07.2019 and he has produced the
Death Certificate of Irudayaraj. Further, he submitted that the petitioner
Irudayaraj had deposited a sum of Rs.50,000/- before the learned
Metropolitan Magistrate, Fast Track Court-II, Egmore, Chennai in
C.C.No.981 of 2014 pursuant to the order passed by the learned Principal
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Crl.R.C.No.879 of 2017
Sessions Judge, Chennai, dated 22.12.2016 in Crl.M.P.No.21965 of 2016
in C.A.No.309 of 2016. He further submitted that he had verified from
the Lower Court records and found that on 26.07.2017, the petitioner
had paid a sum of Rs.1,00,000/- as per the order of this Court in
C.M.P.No.8197 of 2017 in Crl.R.C.No.879 of 2017 dated 06.07.2017.
5. Heard the learned counsel appearing on either side and perused
the materials available on record.
6. This Court had sought for the report from the Metropolitan
Magistrate Court, Fast Track Court-II, Egmore, Chennai. The learned
Metropolitan Magistrate vide letter in Dis.No.154/FTC-II/2022 dated
08.04.2022, had submitted that on 19.01.2017, the petitioner/accused
had deposited a sum of Rs.50,000/- in Cash in Chief Metropolitan
Magistrate Court, Egmore, Chennai in Bill No.76782 dated 19.01.2017.
This amount, which the respondent/complainant is entitled to, is to be
handed over to him of course, after filing an appropriate application and
without any notice to the petitioner/accused.
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Crl.R.C.No.879 of 2017
7. As regards the contention of the respondent/complainant,
a sum of Rs.1,00,000/- has been deposited on 26.07.2017 and the same is
not available in the report. But the learned counsel for the petitioner
submits that on perusal of the original records, he had such recording,
which cannot be brushed aside. In the event, the said sum of
Rs.1,00,000/- has been deposited by the petitioner/accused, the same to
be returned to the respondent/complainant after filing necessary
application and without any notice to the petitioner/accused.
With the above observations and directions, this Criminal
Revision Case is dismissed as abated. Consequently, connected
miscellaneous petitions are closed.
18.04.2022
Index: Yes/No
Internet: Yes/No
rsi
Note: Issue order copy on 19.04.2022
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.879 of 2017
M.NIRMAL KUMAR, J.
rsi
To
1.The XV Additional Sessions Judge,
Chennai.
2.The Metropolitan Magistrate,
Fast Track Court-II,
Egmore at Allikulam,
Chennai.
Crl.R.C.No.879 of 2017
and
Crl.M.P.Nos.8198 & 8199 of 2017
18.04.2022
https://www.mhc.tn.gov.in/judis
