Jegadam Meera Saheb vs Palepu Satyanarayana
2022 Latest Caselaw 16069 Mad

                                                                                Crl.R.C.No.1428 of 2018

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 11.10.2022

                                                          CORAM:

                            THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                                   Crl.R.C.No.1428 of 2018

                     Jegadam Meera Saheb                                           ... Petitioner
                                                             Vs.

                     Palepu Satyanarayana                                        ... Respondent

                     PRAYER: Criminal Revision Petition is filed under Section 397 and
                     401 of the Code of Criminal Procedure, to prefer memorandum of
                     Criminal Revision Petition as against the Judgement passed by the
                     learned II Additional Sessions Judge, Puducherry in C.A.No.7 of 2016
                     dated 17.01.2018, confirming the sentence passed in S.T.C.No.1355 of
                     2011, dated 18.02.2016 by the learned Judicial Magistrate, Yanam,
                     Puducherry and seeks to set aside the same.
                                  For Petitioner          : Mr.V.Chinnasami

                                  For Respondent          : Mr.M.Ravi

                                                          ORDER

This Criminal Revision Petition is filed challenging the judgment

passed in C.A.No.7 of 2016 dated 17.01.2018 on the file of the II

Additional Sessions Judge, Puducherry, confirming conviction and

https://www.mhc.tn.gov.in/judis Crl.R.C.No.1428 of 2018

sentence passed in S.T.C.No.1355 of 2011, dated 18.02.2016 on the file

of the learned Judicial Magistrate, Yanam, Puducherry.

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

respondent herein for the offence punishable under Section 138 of

Negotiable Instruments Act, 1881 (in short "NI Act" hereinafter). The

case of the respondent is that on 21.07.2011, the petitioner issued a

cheque towards discharge of debt incurred on 16.12.2010. As such, the

cheque was presented for collection, however, the same was returned

with an endorsement as “Funds Insufficient”. After causing notice on the

petitioner as contemplated under Section 138 of NI Act, the respondent

lodged the complaint.

3. On the side of the respondent, he was examined as P.W.1 and

marked Ex.P.1 to Ex.P.10. On the side of the petitioner, no one was

examined and no documents were marked. On a perusal of oral and

documentary evidences, the trial Court found the petitioner guilty and

convicted him for the offence punishable under Section 138 of NI Act

https://www.mhc.tn.gov.in/judis Crl.R.C.No.1428 of 2018

and sentenced him to undergo one year rigorous imprisonment and also

awarded compensation of Rs.3,00,000/- being twice the cheque amount.

Aggrieved by the same, the petitioner preferred appeal in Crl.A.No.7 of

2016 before the II Additional Sessions Judge, Puducherry and the same

was dismissed on 17.01.2018, confirming the conviction passed by the

trial Court.

4. The learned counsel for the petitioner would submit that this

Court, at the time of suspending the sentence, directed the petitioner

deposit the entire cheque amount to the tune of Rs.1,50,000/- before the

trial Court to the credit of S.T.C.No.1355 of 2011. Thereby, the

petitioner deposited the said amount to the credit of the said Court. That

apart, the first appellant Court, at the time of suspending the sentence,

directed the petitioner to deposit a sum of Rs.25,000/- to the credit of the

trial Court. Pursuant to the said order, the condition was duly complied

with and therefore, a sum of Rs.1,75,000/- in total is lying in the credit of

S.T.C.No.1355 of 2011 on the file of the Judicial Magistrate, Yanam,

Puducherry. Hence, he prays for allowing the petition.

https://www.mhc.tn.gov.in/judis Crl.R.C.No.1428 of 2018

5. In view of the above, this Court is inclined to set aside the

conviction and sentence imposed by the Courts below in C.A.No.7 of

2016 and S.T.C.No.1355 of 2011 on the condition that the petitioner

shall deposit another sum of Rs.25,000/- (Rupees Twenty Five Thousand

Only) towards interest to the credit of S.T.C.No.1355 of 2011 on the file

of the Judicial Magistrate, Yanam, Puducherry on or before 28.10.2022,

failing which, the conviction and sentence imposed by the Courts below

stands automatically restored. On such deposit, the respondent is

permitted to withdraw the amount by way of filing proper application

before the trial Court.

6. Accordingly, this Criminal Revision Petition stands allowed.

11.10.2022

Index: Yes/No Speaking/Non-speaking order anu

To

https://www.mhc.tn.gov.in/judis Crl.R.C.No.1428 of 2018

1. The II Additional Sessions Judge, Puducherry

2. The Judicial Magistrate, Yanam, Puducherry

3. The Public Prosecutor, Puducherry.

https://www.mhc.tn.gov.in/judis Crl.R.C.No.1428 of 2018

G.K.ILANTHIRAIYAN, J.,

anu

Crl.R.C.No.1428 of 2018

11.10.2022

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