S.P.Prasad vs Industrial Power Solutions
2022 Latest Caselaw 17351 Mad

                                                                          CRL.R.C.No.1484 of 2018

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 07.11.2022

                                                       CORAM

                             THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                             Crl.R.C.No.1484 of 2018

                     S.P.Prasad
                     Proprietor,
                     Rishi Power Solution,
                     No.8/9, 9th Street Extension,
                     100 Feet Road, Gandhipuram,
                     Coimbatore.                                       ... Petitioner

                                                         Vs.

                     Industrial Power Solutions
                     Rep. by its Proprietor,
                     Jayaprabha,
                     Pillayarpuram,
                     Kurichi Housing Unit,
                     Phaseil SITCO,
                     Sundarapuram,
                     Coimbatore.                                       ... Respondent



                     PRAYER: Criminal Revision case has been filed under Section 397 r/w
                     401 of Cr.P.C to call for the entire records in respect of the judgment
                     rendered by the learned I Additional District and Sessions Judge,
                     Coimbatore, in C.A.No.144 of 2017 dated 28.03.2018 by confirming the
                     judgment passed by the learned Judicial Magistrate/Fast Track Court No.I,

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https://www.mhc.tn.gov.in/judis
                                                                               CRL.R.C.No.1484 of 2018

                     Magisterial Level, Coimbatore in C.C.No.498 of 2014 dated 29.05.2017
                     and set aside the judgment and acquit the accused.


                                       For Petitioner    : Mr.T.Sreelekha
                                       For Respondent    : Mr.A.Thirumaran
                                                          ORDER

This Criminal Revision is directed as against the judgment

passed in C.A.No.144 of 2017 dated 28.03.2018 on the file of the learned

I Additional District and Sessions Judge, Coimbatore, confirming the order

passed in C.C.No.498 of 2014 dated 29.05.2017 on the file of the learned

Judicial Magistrate, Fast Track Court No.I Magistrate level, Coimbatore,

thereby convicted the petitioner for the offence under Section 138 of

Negotiable Instruments Act (herein after referred to as “the NI Act”) and

sentenced him to undergo six months simple imprisonment and also

awarded compensation of the cheque amount.

2. The petitioner is an accused in the complaint lodged by the

respondent. The respondent lodged complaint alleging that the petitioner

used to purchase the batteries on credit basis from the respondent and sell

them to his customers. As per the accounts maintained by the respondent

https://www.mhc.tn.gov.in/judis CRL.R.C.No.1484 of 2018

during the regular course of business, the petitioner is liable to pay a sum

of Rs.3,09,183/- for the period from 20.10.2012 to 02.09.2013. In order to

settle the same, the petitioner issued cheque for the said sum. When it was

presented for collection, the same was returned dishonor for the reason

that funds insufficient. Therefore, the respondent caused legal notice and

thereafter filed this present complaint.

3. On the side of the respondent, she herself examined as P.W.1

and also marked documents as Ex.P.1 to Ex.P.8. On the side of the

petitioner no one was examined and no document has been marked. On a

perusal of oral and documentary evidences, the trial Court found the guilt

of the petitioner and sentenced him to undergo six months simple

imprisonment and also awarded compensation of Rs.3,09,183/- towards

the cheque amount. Aggrieved by the same, the petitioner preferred an

appeal and the same was also dismissed by confirming the order passed by

the trial Court. Hence, the petitioner filed this present revision.

https://www.mhc.tn.gov.in/judis CRL.R.C.No.1484 of 2018

4. Heard Ms.T.Sreelekha, learned counsel appearing for the

petitioner and Mr.A.Thirumaran, learned counsel appearing for the

respondent.

5. The learned counsel appearing for the petitioner submitted

that at the time of suspending the sentence, this Court directed the

petitioner to deposit 50% of the cheque amount before the Court below.

Accordingly, the petitioner duly deposited 50% of the cheque amount

before the trial Court. She further submitted that the petitioner is ready and

willing to settle the cheque amount within a period of two weeks from

today.

6. The learned counsel appearing for the respondent submitted

that if the petitioner settled the cheque amount, he has no objection to

allow this revision petition.

7. Considering the facts and circumstances of the case, this

Court is inclined to set aside the conviction imposed on the petitioner.

https://www.mhc.tn.gov.in/judis CRL.R.C.No.1484 of 2018

Accordingly, the conviction and sentence imposed by the Courts below are

hereby set aside, on condition that the petitioner shall pay the remaining

cheque amount by way of Demand Draft drawn in favour of the

respondent on or before 21.11.2022, failing which the sentence imposed

by the Courts below shall stand automatically restored. The respondent is

also permitted to withdraw 50% of the cheque amount lying in the trial

Court account. It is made clear that the trial Court shall permit the

respondent to withdraw the said amount without issuance of notice to the

petitioner herein.

8. With the above directions, the Criminal Revision Petition

stands allowed.

07.11.2022 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order

Note : Issue order copy on or before 09.11.2022 rts

https://www.mhc.tn.gov.in/judis CRL.R.C.No.1484 of 2018

G.K.ILANTHIRAIYAN, J

rts

To

1. The I Additional District and Sessions Judge, Coimbatore.

2. The Judicial Magistrate Fast Track Court No.I, Magisterial Level, Coimbatore .

Crl.R.C.No.1484 of 2018

07.11.2022

https://www.mhc.tn.gov.in/judis