Madras High Court
N.R.Rajan vs K.Murali on 1 December, 2022
Crl.R.C.No.779 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.12.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.R.C.No.779 of 2019
N.R.Rajan .... Petitioner
Vs
1. K.Murali
2. State rep. by its
Public Prosecutor of Nilgiris District,
Udhagamandalam. .... Respondent
Prayer: Criminal Revision Case filed under Section 397 read with
Section 401 of the Code of Criminal Procedure, to set aside the Judgment
dated 02.09.2016 passed in C.A.No.21 of 2014 on the file of the
Sessions Judge of Nilgiris at Udhagamandalam, confirming the Judgment
dated 05.08.2014 passed in C.C.No.183 of 2013 on the file of the Fast
Track Judicial Magistrate at Coonoor.
For Petitioner : Mr.A.Bobblie
For R1 : Mr.K.V.Sridharan
For R2 : Mr.A.Gopinath
Government Advocate (Crl.Side)
https://www.mhc.tn.gov.in/judis
Page 1 of 6
Crl.R.C.No.779 of 2019
ORDER
This Criminal Revision has been filed as against the Judgment
dated 02.09.2016 passed in C.A.No.21 of 2014 on the file of the Sessions
Judge, Nilgiris at Udhagamandalam, thereby confirming the Judgment
dated 05.08.2014 passed in C.C.No.183 of 2013 on the file of the Fast
Track Judicial Magistrate, Coonoor, thereby convicted the petitioner for
the offence punishable under Section 138 of Negotiable Instrument Act.
2. The petitioner is an accused in the complaint lodged by the
respondent for the offence punishable under Section 138 of Negotiable
Instrument Act. The case of the respondent is that on 21.12.2012, the
petitioner borrowed a sum of Rs.6,00,000/- for expansion of his business.
On the date of borrowal, the petitioner issued post dated cheque.
Thereafter, on his instruction, the said cheque was presented for
collection and the same was returned dishonoured for the reason 'funds
insufficient'. After causing statutory notice, the respondent lodged a
complaint.
3. On the side of the respondent, P.W.1 was examined and marked
Exs.P1 to P4. On the side of the petitioner no one was examined and no
document was marked.
4. On perusal of the oral and documentary evidence, the Trial
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Crl.R.C.No.779 of 2019
Court found the petitioner guilty for the offence punishable under
Section 138 of Negotiable Instrument Act and he was sentenced to
undergo one year simple imprisonment and to pay a fine of Rs.2,000/- in
default, to undergo one year simple imprisonment. Aggrieved by the
same, the petitioner preferred an appeal and the same was dismissed and
the order of the Trial Court was confirmed. Hence, this revision.
5. The learned counsel for the petitioner would submit that while
condoning the delay in filing this revision, this Court directed the
petitioner to pay 50% of the cheque amount in favour of the respondent.
Accordingly, the petitioner paid a sum of Rs.3,00,000/- and he is also
ready and willing to pay the remaining cheque amount within a period of
four weeks.
6. The learned counsel appearing for the respondent would
submit that the respondent is ready and willing to receive the balance
cheque amount.
7. In view of the submission made by both the counsel, the
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.779 of 2019
Judgment dated 02.09.2016 passed in C.A.No.21 of 2014 on the file of
the Sessions Judge of Nilgiris at Udhagamandalam and the Judgment
dated 05.08.2014 passed in C.C.No.183 of 2013 on the file of the Fast
Track Judicial Magistrate, Coonoor, are hereby set aside on condition
that the petitioner shall pay the remaining cheque amount i.e.,
Rs.3,00,000/- directly to the respondent by way of Demand Draft on or
before 29.12.2022. If the petitioner fails to comply with the condition
imposed by this Court, the conviction and sentence imposed by the Trial
Court shall stand automatically restored.
8. In the result, this Criminal Revision stands allowed.
01.12.2022
Index : Yes/No
Internet : Yes
Lpp
Note : Issue order copy on 05.12.2022
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.779 of 2019
To
1. The Sessions Judge,
Nilgiris at Udhagamandalam.
2.The Fast Track Judicial Magistrate,
Coonoor.
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.779 of 2019
G.K.ILANTHIRAIYAN, J.
Lpp
Crl.R.C.No.779 of 2019
01.12.2022
https://www.mhc.tn.gov.in/judis
