Madras High Court
Sridevi vs K.Rajendiran on 28 November, 2022
Crl.R.C.Nos.433, 436 & 439 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.11.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.R.C.Nos.433, 436 & 439 of 2019
Crl.R.C.No.433 of 2019
Sridevi .... Petitioner
Vs
K.Rajendiran .... Respondent
Prayer: Criminal Revision Case filed under Section 397 read with
Section 401 of the Code of Criminal Procedure, to set aside the order
passed by the learned III Additional District and Sessions Judge,
Thiruvallur at Poonamallee in C.A.No.95 of 2018 dated 18.02.2019
confirming the judgment of the learned Judicial Magistrate Fast Track
Court, Magisterial Level, Ambattur in C.C.No.182 of 2017 dated
24.05.2018.
Crl.R.C.No.436 of 2019
Guruarulselvan .... Petitioner
Vs
R.Karthick .... Respondent
https://www.mhc.tn.gov.in/judis
Crl.R.C.Nos.433, 436 & 439 of 2019
Prayer: Criminal Revision Case filed under Section 397 read with
Section 401 of the Code of Criminal Procedure, to set aside the order
passed by the learned III Additional District and Sessions Judge,
Thiruvallur at Poonamallee in C.A.No.96 of 2018 dated 18.02.2019
confirming the judgment of the learned Judicial Magistrate Fast Track
Court, Magisterial Level, Ambattur in C.C.No.183 of 2017 dated
24.05.2018.
Crl.R.C.No.439 of 2019
Sridevi .... Petitioner
Vs
R.Karthick .... Respondent
Prayer: Criminal Revision Case filed under Section 397 read with
Section 401 of the Code of Criminal Procedure, to set aside the order
passed by the learned III Additional District and Sessions Judge,
Thiruvallur at Poonamallee in C.A.No.97 of 2018 dated 18.02.2019
confirming the judgment of the learned Judicial Magistrate Fast Track
Court, Magisterial Level, Ambattur in C.C.No.184 of 2017 dated
24.05.2018.
In all Crl.R.Cs
For Petitioner : Mr.V.G.Anbarasu
For Respondent : Mr.A.Nagarajan
https://www.mhc.tn.gov.in/judis
Crl.R.C.Nos.433, 436 & 439 of 2019
COMMON ORDER
Crl.R.C.Nos.433 & 439 of 2019
These Criminal Revision Cases have been filed to set aside the
Judgement dated 18.02.2019 passed in C.A.Nos.95 & 97 of 2018 on the
file of the III Additional District and Sessions Judge, Thiruvallur at
Poonamallee, thereby confirming the judgment dated 24.05.2018 passed
in C.C.Nos.182 & 184 of 2017 on the file of the Judicial Magistrate Fast
Track Court (Magisterial Level) Ambattur, thereby convicted the
petitioner for the offence punishable under Section 138 of Negotiable
Instrument Act.
2. In both cases, the petitioner is an accused in the complaint
lodged by the respondents for the offence punishable under Section 138
of Negotiable Instrument Act. The complainant is father and son in both
cases. The petitioner borrowed a loan from the respondents and in order
to repay the loan amount, she issued cheques. When all the cheques were
presented for collection, the same were returned dishonoured for the
reason 'Account Closed'. After causing statutory notice, the respondents
lodged complaint.
https://www.mhc.tn.gov.in/judis
Crl.R.C.Nos.433, 436 & 439 of 2019
3. In C.C.No.182 of 2017, on the side of the complainant, he
examined himself as P.W.1 and marked Exs.P1 to P8 and on the side of
the respondent, she examined D.W.1 and marked Ex.D1. In C.C.No.184
of 2017, on the side of the complainant, he examined himself as P.W.1
and marked Exs.P1 to P6 and on the side of the respondent, she
examined D.W.1 and marked Ex.D1.
4. On perusal of the oral and documentary evidence in both cases,
the Trial Court found the petitioner guilty for the offence punishable
under Section 138 of Negotiable Instrument Act and sentenced her to
undergo five month simple imprisonment in both cases and to pay
compensation to the tune of Rs.12,00,000/- in C.C.No.182 of 2017 and
to pay compensation to the tune of Rs.8,85,000/- in C.C.No.184 of 2017,
in default to undergo two months simple imprisonment in both cases.
Aggrieved by the same, the petitioner preferred appeals and the same
were dismissed and the orders of the Trial Court were confirmed. Hence,
these revisions.
https://www.mhc.tn.gov.in/judis
Crl.R.C.Nos.433, 436 & 439 of 2019
5. The petitioner raised grounds that the respondent failed to
prove the source of income for lending such a huge amount. Though,
interest were not mentioned, the cheques were filled up by the
respondents for higher amount than the alleged loan borrowed by her.
The alleged cheques were issued only for security purpose and there was
absolutely no legally enforceable debt.
6. A perusal of the records reveals that though the petitioner had
taken a specific stand that the cheques were issued for security purpose
and not for any legally enforceable debt, the petitioner failed to prove the
same. Whereas, the respondents discharged their initial burden in order
to prove their case. The petitioner never denied the signature found in
the cheques and also issuance of the same. Though the petitioner had
examined D.W.1, she failed to rebut the presumption under Section 139
of Negotiable Instrument Act. Hence, both the Courts below rightly
convicted the petitioner for the offence punishable under Section 138 of
Negotiable Instrument Act.
https://www.mhc.tn.gov.in/judis
Crl.R.C.Nos.433, 436 & 439 of 2019
7. In view of the above, this Court finds no infirmity or illegality
in the orders passed by the Courts below. Accordingly, Crl.R.C.Nos.433
and 439 of 2019 stand dismissed.
Crl.R.C.No.436 of 2019
8. This Criminal Revision Case has been filed to set aside the
Judgement dated 18.02.2019 passed in C.A.No.96 of 2018 on the file of
the III Additional District and Sessions Judge, Thiruvallur at
Poonamallee, thereby confirming the judgment dated 24.05.2018 passed
in C.C.No.183 of 2017 on the file of the Judicial Magistrate Fast Track
Court (Magisterial Level), Ambattur, thereby convicted the petitioner for
the offence punishable under Section 138 of Negotiable Instrument Act.
9. 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 the petitioner
borrowed a sum of Rs.5,00,000/- on 11.05.2016 and agreed to repay the
said amount with interest. In order to repay the said amount, the
petitioner issued a cheque for a sum of Rs.5,90,000/- on 02.05.2017.
When the said cheque was presented for collection, the same was
https://www.mhc.tn.gov.in/judis
Crl.R.C.Nos.433, 436 & 439 of 2019
returned dishonoured for the reason 'funds insufficient'. After causing
statutory notice, the respondent lodged a complaint for the offence
punishable under Section 138 of Negotiable Instruction Act.
10. On the side of the respondent, he examined himself as P.W.1
and marked Exs.P1 to P6. On the side of the petitioner no one was
examined and no document was marked.
11. On perusal of the oral and documentary evidence, the Trial
Court found the petitioner guilty for the offence punishable under
Section 138 of Negotiable Instruction Act and he was sentenced to
undergo six months simple imprisonment and also awarded a
compensation of Rs.5,90,000/- in default to undergo two months 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.
12. The learned counsel appearing for the petitioner would submit
that this Court, while suspending the sentence, directed the petitioner to
https://www.mhc.tn.gov.in/judis
Crl.R.C.Nos.433, 436 & 439 of 2019
deposit a sum of Rs.2,95,000/-. Accordingly, the petitioner has duly
complied with the condition. Now, he is ready and willing to settle the
remaining cheque amount of Rs.4,00,000/-.
13. The learned counsel appearing for the respondent submitted
that he had agreed to receive the said amount.
14. Considering the facts and circumstances of the case and also
the submission made by the learned counsel, this Court is inclined to set
aside the conviction and sentence imposed by the Trial Court on
condition that the petitioner shall deposit a sum of Rs.5,90,000/- to the
credit of the Trial Court on or before 26.12.2022. If the petitioner fails to
deposit the said amount, the conviction and sentence imposed by the
Trial Court shall stand automatically restored. On such deposit, the
respondent is permitted to withdraw the entire cheque amount deposited
by the petitioner by filing appropriate application. The Trial Court shall
permit the respondent to withdraw the said amount, without ordering
notice to the petitioner.
https://www.mhc.tn.gov.in/judis
Crl.R.C.Nos.433, 436 & 439 of 2019
15. In the result, Crl.R.C.No.436 of 2019 stands allowed.
28.11.2022
Index : Yes/No
Internet : Yes
Lpp
Note : Issue order copy on 30.11.2022
To
1. The III Additional District and Sessions Judge,
Thiruvallur at Poonamallee
2.The Judicial Magistrate,
Fast Track Court (Magisterial Level)
Ambattur.
https://www.mhc.tn.gov.in/judis
Crl.R.C.Nos.433, 436 & 439 of 2019
G.K.ILANTHIRAIYAN, J.
Lpp
Crl.R.C.Nos.433, 436 & 439 of 2019
28.11.2022
https://www.mhc.tn.gov.in/judis
