Sri Badugu Nagendra Rao vs Mottupalli Ramakrishnan
2022 Latest Caselaw 16105 Mad

                                                                               Crl.R.C.No.1383 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.1383 of 2018

                Sri Badugu Nagendra Rao                                           ... Petitioner

                                                          Vs.

                Mottupalli Ramakrishnan                                           ... Respondent

                Prayer: The Criminal Revision filed under Section 397 r/w 401 of Code of
                Criminal Procedure to set aside the order dated 17.01.2018 passed in C.A.No.8
                of 2016 on the file of the II Additional Sessions Judge, Puducherry, confirming
                the sentence dated 19.02.2016 passed in S.T.C.No.116 of 2015 on the file of
                the learned Judicial Magistrate, Yanam, Puducherry.

                                        For Petitioner     : Mr.V.Chinnasami

                                        For Respondent     : Mr.M.Ravi


                                                         ORDER

This petition has been filed to set aside the order dated 17.01.2018

passed in C.A.No.8 of 2016 on the file of the II Additional Sessions Judge,

Puducherry, confirming the sentence dated 19.02.2016 passed in S.T.C.No.116

of 2015 on the file of the learned Judicial Magistrate, Yanam, Puducherry. https://www.mhc.tn.gov.in/judis

Crl.R.C.No.1383 of 2018

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 is arising out of the judgment passed in

C.A.No.8 of 2016 dated 17.01.2018 on the file of the II Additional Sessions

Judge, Puducherry, thereby confirmed the sentence passed in S.T.C.No.116 of

2015 dated 19.02.2016 on the file of the Judicial Magistrate, Yanam,

Puducherry, for the offence under Section 138 of Negotiable Instruments Act.

4. The petitioner is an accused. The complaint was lodged by the

respondent for the offence under Section 138 of NI Act. Further, the case of the

respondent is that the petitioner had borrowed a sum of Rs.1,00,000/- and in

order to discharge the said liability, he had issued a cheque. When it was

presented for collection, it was returned dishonoured for the reason ''funds

insufficient''. After causing statutory notice to the petitioner, the respondent

lodged a complaint.

5. On the side of the respondent PW1 was examined and Exs.P1 to P8

were marked, on the side of the petitioner DW1 was examined and no

document was marked as Exhibits.

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Crl.R.C.No.1383 of 2018

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

sentenced the petitioner to undergo rigorous imprisonment for one year and

also awarded a compensation of Rs.1,00,000/-. Aggrieved by the same, the

petitioner preferred an appeal and the same was dismissed by the trial Court.

7. The learned counsel for the petitioner would submit that even at the

time of filing appeal, the petitioner had deposited the entire cheque amount of

Rs.1,00,000/- before the Appellate Court and again at the time of suspending

the sentence imposed by the trial Court, as directed by this Court, the

petitioner deposited another sum of Rs.25,000/- as such, the petitioner had

totally deposited a sum of Rs.1,25,000/- which is lying to the credit of

STC.No.116 of 2015, on the file of the Judicial Magistrate, Yanam,

Puducherry. That apart, the petitioner was remanded to judicial custody and he

was underwent two months imprisonment, before sentence was suspended.

8. In view of the above, the Judgment dated 17.01.2018 passed by the

learned II Additional Sessions Judge, Puducherry in Criminal Appeal No.8 of

2016 confirming the Judgment dated 19.02.2016 in STC.No.116 of 2015

passed by the learned Judicial Magistrate, Yanam, Puducherry, is hereby set https://www.mhc.tn.gov.in/judis

Crl.R.C.No.1383 of 2018

aside. The respondent is permitted to withdraw the entire amount of

Rs.1,25,000/- deposited to the credit of STC.No.116 of 2015, on the file of the

Judicial Magistrate, Yanam, Puducherry, by filing an appropriate application.

9. Accordingly, the criminal revision petition stands allowed.

11.10.2022 Index : Yes / No Speaking / Non Speaking order ata

To

1.The II Additional Sessions Judge, Puducherry.

2.The Judicial Magistrate, Yanam, Puducherry.

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

Crl.R.C.No.1383 of 2018

G.K.ILANTHIRAIYAN, J.

ata

Crl.R.C.No.1383 of 2018

11.10.2022

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