K.V.Karthikeyan vs Senthilvel
2022 Latest Caselaw 16070 Mad

                                                                              Crl.R.C.No.805 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.805 of 2018

                     K.V.Karthikeyan                                            ... Petitioner

                                                             Vs.

                     Senthilvel                                               ... Respondent

                     PRAYER: Criminal Revision Petition is filed under Section 397 and
                     401 of the Code of Criminal Procedure, seeking to call for records the
                     case in C.A.No.28 of 2015 on the file of the Principal Sessions Judge at
                     Namakkal, dated 17.03.2016 confirming the judgement passed in
                     C.C.No.206 of 2012 on the file of the Judicial Magistrate Court,
                     Rasipuram and set aside the conviction of the petitioner and direct that
                     the petitioner may be set at liberty.


                                  For Petitioner         : Mr.C.Thangaraju

                                  For Respondent         : M/s.J.Prithivi
                                                           for M/s.S.Kaithamalai Kumaran




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https://www.mhc.tn.gov.in/judis
                                                                                 Crl.R.C.No.805 of 2018

                                                          ORDER

This Criminal Revision Petition is filed challenging the judgment

passed in C.A.No.28 of 2015 on the file of the Principal Sessions Judge

at Namakkal, dated 17.03.2016, thereby confirming the conviction

passed in C.C.No.206 of 2012 on the file of the Judicial Magistrate

Court, Rasipuram, dated 19.06.2015.

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

respondent lodged the said complaint as against the petitioner alleging

that on 01.11.2008, the petitioner borrowed a sum of Rs.3,00,000/- and

in order to repay the same, he issued a cheque for the said sum. On

instruction, the respondent presented the same for collection and 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.

https://www.mhc.tn.gov.in/judis Crl.R.C.No.805 of 2018

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

and marked Ex.P.1 to Ex.P.11 and the petitioner himself examined as

D.W.1 and no documents were marked on his side. On a perusal of the

oral and documentary evidences on either side, the trial Court found the

petitioner guilty and convicted him for the offence punishable under

Section 138 of NI Act, thereby he was sentenced to undergo simple

imprisonment for a period of six months and was imposed fine to the

tune of Rs.2,000/- in default to undergo simple imprisonment for one

month. Aggrieved by the same, the petitioner preferred appeal in

Crl.A.No.28 of 2015 before the file of the Principal Sessions Judge at

Namakkal and the same was dismissed on 17.03.2016.

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

without going into the merits of the revision, he is ready and willing to

settle the cheque amount towards interest of the loan amount borrowed

by him. This Court, at the time of suspending the sentence, heard the

submission of the petitioner that the alleged cheque amount was already

deposited before the trial Court. However, the respondent refused to

https://www.mhc.tn.gov.in/judis Crl.R.C.No.805 of 2018

receive the same. That apart, this Court suggested the petitioner to pay

some reasonable interest for the amount borrowed by him. Therefore,

today the petitioner herein come before this Court with a Demand Draft

to the tune of Rs.50,000/- towards interest for the alleged amount which

was borrowed by him from the respondent.

5. However, on instructions, the learned counsel for the respondent

would submit that the respondent is not willing to receive the Demand

Draft to the tune of Rs.50,000/- from the petitioner and she argued the

case.

6. Though this Court is not inclined to set aside the conviction on

merits, in view of the amount deposited by the petitioner, this Court is

inclined to set aside the conviction passed by the Courts below.

7. In view of the above, the conviction judgements in C.A.No.28

of 2015 on the file of the Principal Sessions Judge at Namakkal, dated

17.03.2016 and C.C.No.206 of 2012 on the file of the Judicial Magistrate

https://www.mhc.tn.gov.in/judis Crl.R.C.No.805 of 2018

Court, Rasipuram are set aside on the condition that the petitioner shall

deposit a sum of Rs.1,00,000/- (Rupees One Lakh Only) towards interest

for the loan amount borrowed by him before the trial Court 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.

8. Accordingly, this Criminal Revision Petition stands allowed.

11.10.2022

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

To

1. The Principal Sessions Judge at Namakkal

2. The Judicial Magistrate Court, Rasipuram

3. The Public Prosecutor, Puducherry.

https://www.mhc.tn.gov.in/judis Crl.R.C.No.805 of 2018

G.K.ILANTHIRAIYAN, J.,

anu

Crl.R.C.No.805 of 2018

11.10.2022

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