Madras High Court
M/S.Star Xeroxs Private Limited vs Tr.T.R.Chadrasekaran on 27 January, 2022
Crl.RC.No.643 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.01.2022
CORAM
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA
Crl.RC.No.643 of 2021
Crl.MP.No.10562 of 2021
1. M/s.Star Xeroxs Private Limited
Rep by its Managing Director,
Tr.R.Chandramohan
2. Tr.R.Chandaramohan ... Petitioners
Vs.
Tr.T.R.Chadrasekaran .... Respondent
PRAYER: Criminal Revision is filed under Sections 397 r/w.401 of
Criminal Procedure Code to set aside the judgment and order of the VI
Additional Sessions Judge, Chennai, FAC IV Additional Court, Chennai
in Crl.MP.No.5113 of 2019 dated 26.02.2020 and set aside the same.
For Petitioners : Mr.Meenakshisundaram.R.
For Respondent : Mr.SNA.Hussaini.
ORDER
(The case has been heard through video conference)
This revision has been filed against challening the judgment passed
by the VI Additional Judge, Chennai made in CRl.MP.N0.5113 of 2019 in
C.A.No.23 of 2019 dated 26.02.2020 directing the petitioner to pay 20% of
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Crl.RC.No.643 of 2021
the compensation amount awarded by the Metropolitan Magistrate, FTC-
III, Saidapet in CC.No.318/2012 dated 27.12.2018.
2. The brief facts of the case is as follows :-
The first petitioner is a private limited company and the second
petitioner is the Managing Director of the first petitioner company. The
respondent/complainant had filed private complaint under Section 138 of
the Negotiable Instruments Act in CC.No.318 of 2012 on the file of the
Metropolitan Magistrate FTC-III, Egmore, Chennai in respect of return of
cheque issued by the petitioners dated 10.01.2011 for a sum of Rs.10lakhs.
The trial Court had found the petitioners guilty for the offence under
Section 138 of the Negotiable Instruments Act had sentenced the second
petitioner to undergo six months simple imprisonment and the first
petitioner was directed to pay double the amount of cheque towards
compensation under Section 357(3) Cr.PC. As against the judgment of
conviction and sentence the petitioners had filed appeal in C.A 23/2019
before the VI Additional Judge, Chennai, and during the pendency of the
appeal the respondent had filed Crl.MP.No.5113 of 2019 seeking to direct
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Crl.RC.No.643 of 2021
the petitioner to pay 20% of the Compensation amount and the appellate
Court by order dated 26.02.2020 had directed the petitioners/accused to
deposit 20% of the compensation amount awarded by the trial Court.
Challenging the above order, the present revision has been filed.
3. The learned counsel for the petitioners/accused would submit that
the cheque is dated 10.01.2011 and the complaint regarding dishonour of
cheque was taken on file in C.C 318/2012, Section 143A of the Negotiable
Instruments Act was inserted by Act 20/2018 and had came into effect
from 01.09.2018. The applicability of Section 143A of NI Act has been
held to be prospective in nature where the offence were stated to be
committed after the introduction of Section 143A. In this case, the cheque
is dated 10.01.2011 and it has been returned on 10.06.2011and thereby the
order has to be set aside. In support of his contention, the learned counsel
would rely on the judgment of the Hon'ble Apex Court in the case of
G.J.Raja v. Tejraj Surana reported in 2019 (19) SCC 469.
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Crl.RC.No.643 of 2021
4. Per contra, the learned counsel for the respondent/complainant
would submit that the cheque is of the year 2011, the complaint was taken
up on file during the year 2012 and the judgment was passed on
27.12.2018, thereafter, the appeal has been filed only during the year 2019.
The order directing payment of interim compensation was made on
26.02.2020, taking advantage of the pendency of the revision petition the
petitioners/accused is delaying the payment of interim compensation.
5. Heard the counsel and perused the materials available on record.
6. Admittedly, the cheque is dated 10.01.2011, which has been
returned/dishonoured on 10.06.2011, Section 143A has been inserted in
Negotiable Instruments Act by virtue of Act 20/2018 w.e.f. 01.09.2018.
In G.J.Raja v. Tejraj Surana reported in 2019 (19) SCC 469 the Hon'ble
Apex Court held Section 143-A to be prospective in operation and that the
provisions of said Section 143-A can be applied or invoked only in cases
where the offence under Section 138 of the Act was committed after the
introduction of said Section 143-A in the Statute Book.
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Crl.RC.No.643 of 2021
7. In view of the above, the revision stands allowed by setting aside
the order passed in Crl.MP.No.5113 of 2020 in CA.No.23 of 2019 dated
26.02.2020 passed by the VI Additional Judge, Chennai. Since, the CC is
of the year 2012, a direction is issued to the appellate Court to hear and
dispose of the CA.No.23 of 2019 as expeditiously as possible, preferably
within a period of two months from the date of receipt of a copy of this
order. Consequently, connected miscellaneous petition is closed.
27.01.2022
tsh
To
1. The VI Additional Judge, Chennai.
2. The Metropolitan Magistrate, FTC-III, Saidapet.
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Crl.RC.No.643 of 2021
A.D.JAGADISH CHANDIRA, J.,
tsh
Crl.RC.No.643 of 2021
27.01.2022.
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