Madras High Court
B.Latha vs T.Rajaram on 10 October, 2022
Crl.R.C.No.900 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
CRL.R.C.No.900 of 2018
B.Latha ... Petitioner
Vs.
T.Rajaram ... Respondent
Prayer: The Criminal Revision filed under Section 397 r/w 401 of Code of
Criminal Procedure to set aside the order dated 12.07.2018 passed in
C.A.No.124 of 2016 on the file of the III Additional District and Sessions Judge,
Tiruppur, Dharapuram, related with order dated 07.11.2016 passed in
C.C.No.135 of 2013 on the file of the learned Judicial Magistrate Court No.I,
Udumalpet.
For Petitioner : Mr.M.Balaji
For Respondent : Mr.M.N.Balakrishnan
ORDER
This petition has been filed to to set aside the order dated 12.07.2018
passed in C.A.No.124 of 2016 on the file of the III Additional District and
Sessions Judge, Tiruppur, Dharapuram, related with order dated 07.11.2016
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Crl.R.C.No.900 of 2018
passed in C.C.No.135 of 2013 on the file of the learned Judicial Magistrate
Court No.I, Udumalpet.
2. Heard the learned counsel for the petitioner and the learned counsel for
the respondent and perused the materials available on record.
3. The Criminal Revision Petition has been filed arising out of the
judgment passed in C.A.No.124 of 2016 dated 12.07.2018 on the file of the III
Additional District and Sessions Judge, Tiruppur, Tharapuram, thereby reversed
the finding of the trial Court order dated 07.11.2016 passed in C.C.No.135 of
2013, thereby acquitted the petitioner for the offence under Section 138 of
Negotiable Instruments Act.
4. This Court, while suspending the sentence imposed by the first
Appellate Court, directed the petitioner to deposit the entire cheque amount to
the credit of C.C.No.135 of 2013, within a period of two weeks. Accordingly,
the petitioner had deposited the entire cheque amount of Rs.1,90,000/- to the
credit of C.C.No.135 of 2013, on the file of the Judicial Magistrate No.I,
Udumalpet, on 20.09.2018 itself.
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Crl.R.C.No.900 of 2018
5. Now, the learned counsel for the petitioner would submit that he has no
objection to withdraw the cheque amount deposited by the respondent herein
and the respondent also has no objection to receive the said amount and set
aside the sentence imposed by the first Appellate Court.
6. In this regard, it is relevant to rely upon the full bench Judgment of this
Court reported in 2020 (4) CTC 1, in the case of “K.Rajalingam Vs
R.Suganthalakshmi” and batch, held that, in the cases, where, the Sessions
Court has reversed the order of acquittal passed by the Magistrate and the same
has been challenged by the accused before this Court by way of revision petition
and the same is pending, the same should be treated as an appeal pending before
this Court against the order of acquittal passed by the Magistrate, by
disregarding the order passed by the Sessions Court. In all those cases, the
complainant must file a transpose petition and the Registry must convert the
same as Criminal Appeals by showing the complainant as the Appellant and the
accused as the respondent. The Memorandum of grounds of Criminal Appeal
filed before the Sessions Court will be considered as the memorandum of
grounds of appeal in the renumbered Criminal Appeal.
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Crl.R.C.No.900 of 2018
7. In view of the above, the order of conviction dated 12.07.2018 in
C.A.No.124 of 2016 on the file of the III Additional District and Sessions Judge,
Tiruppur, Dharapuram is hereby set aside. The respondent is permitted to
withdraw the amount deposited to the credit of C.C.No.135 of 2013, on the file
of the Judicial Magistrate Court No.I, Udumalpet, by filing an appropriate
application.
8. Accordingly, the criminal revision petition stands allowed.
10.10.2022
Index : Yes / No
Speaking / Non Speaking order
ata
To
1.The III Additional District and Sessions Judge,
Tiruppur, Dharapuram.
2.The Judicial Magistrate Court No.I,
Udumalpet.
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.900 of 2018
G.K.ILANTHIRAIYAN, J.
ata
Crl.R.C.No.900 of 2018
10.10.2022
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