Chandra Kumar vs M/S. Jetair Tours (P) Ltd
2022 Latest Caselaw 16091 Mad

                                                                                 Crl.R.C.No.702 of 2019

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED:        11.10.2022

                                                         CORAM:

                             THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

                                               CRL.R.C.No.702 of 2019
                                         and Crl.M.P.Nos.9827 & 9828 of 2019

                Chandra Kumar                                                      ... Petitioner

                                                          Vs.

                M/S. Jetair Tours (P) Ltd.,
                Rep. by S.Baskar, Authorised Official,
                Office at Thappar House, First Floor,
                No.43/44, Montieth Road, Egmore,
                Chennai – 600 008.                                        ... Respondent
                Prayer: The Criminal Revision filed under Section 397 r/w 401 of Code of
                Criminal Procedure to set aside the judgment dated 22.09.2019 passed against
                the petitioner herein in Criminal Appeal No.353 of 2018 by the learned I
                Additional Sessions Court, City Civil Court, Chennai, confirming the
                judgment of conviction passed by the learned XX Metropolitan Magistrate,
                Chennai, in C.C.No.3371 of 2016 dated 05.06.2018 imposing one year simple
                imprisonment and to pay compensation of Rs.13,00,000/- and in default to
                undergo simple imprisonment for three months and a sum of Rs.5,000/- as fine
                and in default to undergo simple imprisonment for one month.

                                        For Petitioner     : Mr.M.Deivanandam

                                        For Respondent     : M.J.Jawahar
                                                             for Mr.K.P.Anantha Krishna

https://www.mhc.tn.gov.in/judis
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                                                                                 Crl.R.C.No.702 of 2019




                                                       ORDER

This petition has been filed to set aside the judgment dated 22.09.2019

passed against the petitioner herein in Criminal Appeal No.353 of 2018 by the

learned I Additional Sessions Court, City Civil Court, Chennai, confirming the

judgment of conviction passed by the learned XX Metropolitan Magistrate,

Chennai, in C.C.No.3371 of 2016 dated 05.06.2018.

2. The learned counsel for the petitioner would submit that he has no

instructions from the petitioner and after repeated reminders, it shows that the

petitioner is not interested to proceed with the case since suspending the

sentence.

3. This Court, by an order dated 19.07.2019, imposed a condition that

the petitioner shall deposit a sum of Rs.5 lakhs to the credit of trial Court.

However, even till today the petitioner has failed to comply with the condition.

Therefore, this Court is inclined to pass orders on merits.

4. The respondent lodged a complaint as against the petitioner for the

offence under Section 138 of Negotiable Instruments Act, alleging that the

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Crl.R.C.No.702 of 2019

respondent Company was in a business of tourism management including

booking of domestic and international ticketing. While so, in the month of

February 2014, the petitioner approached the respondent and obtained

membership as an associate of the company thereby agreed to all terms and

conditions. Thereafter, the petitioner had began business with the respondent

including domestic and international ticketing on credit for a period beginning

from 10.03.2014 to 11.08.2014. Further, the transactions done during the said

period the petitioner incurred a liability to the tune of Rs.26,10,583/-.

However, the petitioner failed to pay the said amount and after repeated

requests in order to settle the said liability, the petitioner issued five cheques

and also promised the respondent to honour the same. Further, the said five

cheques were presented for collection the same were returned dis-honoured for

the reason '' funds insufficient''. Therefore, the respondent caused legal notice

to the petitioner and lodged a complaint.

5. On the side of the respondent PW1 was examined and Exs.P1 to P7

were marked and on the side of the petitioner, no one was examined and no

material was marked as Exhibits.

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Crl.R.C.No.702 of 2019

6. On perusal of the oral and documentary evidence, the trial Court

found the petitioner guilty and convicted him for the offence under Section

138 of NI Act and sentenced him to undergo simple imprisonment for one year

and also awarded a compensation of Rs.13,00,000/-. Aggrieved by the same,

the petitioner preferred an appeal and the same was dismissed and confirmed

the order of conviction passed by the trial Court.

7. The petitioner raised grounds that the Ex-P2, the agreement between

the petitioner and the respondent was not executed by him. It contains only

signature of the petitioner and it does not contain the signature of the

respondent or its representatives. The Ex-P3, the ledger of the petitioner does

not have any details to specifically show that the transactions reflected in the

ledger was done by the petitioner. Therefore, the presumption of liability of the

petitioner has been rebutted by the petitioner.

8. On perusal of records revealed that the Ex-P2 is the membership

application form dated 28.02.2014 submitted by the petitioner as Proprietor of

M/S. Payanam Travel Tourism, wherein the petitioner sought membership to

the respondent for booking of air tickets. Accordingly, the petitioner was https://www.mhc.tn.gov.in/judis

Crl.R.C.No.702 of 2019

granted membership and he had began business with the respondent for

booking air tickets for his customers on credit basis from 10.03.2014 to

11.08.2014.

9. It is seen from the Ex-P3, the statement of accounts revealed that.

Therefore, the agreement executed by the petitioner need not contain the

signature of the respondent, since it is only an application seeking membership

and the same was duly accepted by the respondent. Therefore, Ex-P4, the

cheques were not issued by the petitioner at the time of execution of

membership. The petitioner also failed to produce any material to show that

the said cheques issued for security purpose at the time of granting

membership. As per Ex-P3, the statement of records managed by the

respondent a sum of Rs.26,10,583/- was payable by the petitioner. Therefore,

the respondent proved his case as contemplated under Section 138 of NI Act.

10. Hence, the Court below rightly convicted and sentenced the

petitioner for the offence under Section 138 NI Act, and this Court finds no

infirmity or illegality in the order passed by the Court below and this petition

is liable to be dismissed.

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Crl.R.C.No.702 of 2019

11. Accordingly, the Criminal Revision case stands dismissed.

Consequently, connected miscellaneous petitions are closed.

11.10.2022

Index : Yes / No Speaking / Non Speaking order ata

To

1. The Ist Additional Sessions Court, City Civil Court, Chennai.

2. The XXth Metropolitan Magistrate, Chennai.

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

Crl.R.C.No.702 of 2019

G.K.ILANTHIRAIYAN, J.

ata

Crl.R.C.No.702 of 2019

11.10.2022

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