N.S.Krishnakumar vs S.M.C.Arun
2022 Latest Caselaw 16114 Mad

                                                                                 Crl.R.C.No.307 of 2016


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 11.10.2022

                                                           CORAM

                                  THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

                                                  Crl.R.C.No.307 of 2016

                     N.S.Krishnakumar                                               ... Petitioner

                                                             Vs.

                     S.M.C.Arun                                               ... Respondent

                     Prayer: Criminal Revision Case is filed under Section 397 and 401 of
                     Criminal Procedure Code, to set aside the order in Crl.A.No.26 of 2014 on
                     the file of the Principal Sessions Judge, Namakkal confirming the order
                     passed by the Judicial Magistrate, Fast Tract Court (Magisterial Level),
                     Tiruchengode, in S.T.C.No.126 of 2013 dated 12.05.2014.


                                     For Petitioner      : Mr.T.Meganathan

                                     For Respondent      : No Appearance


                                                          ORDER

This Criminal Revision Case is filed against the concurrent

finding of the Courts below holding the petitioner herein guilty of offence

https://www.mhc.tn.gov.in/judis Crl.R.C.No.307 of 2016

under Section 138 of Negotiable Instruments Act, for dishonouring the

cheque drawn for Rs.5 lakhs in favour of the complainant.

2. As per the complaint, this petitioner has borrowed a sum of

Rs.5 lakhs as loan and to discharge the said debt, issued subject cheque

bearing No.055689 for a sum of Rs.5 lakhs dated 26.12.2012 drawn at

HSBC Premier Bank, Coimbatore. On presentation of the said cheque, the

same got bounced with a memo dated 28.12.2012. When this was informed

to the petitioner by the complainant, the petitioner requested to represent the

cheque and he will make all arrangements to honour it. But then, the second

presentation of the cheque also faced the same plight.

2(i). Therefore, a statutory notice dated 21.03.2013 was issued to the

petitioner. On receiving the statutory notice, the petitioner has replied

stating that the cheques presumed to be a forged one and there is no

enforceable liability to pay and in fact, the two cheques were forcibly taken

away from the petitioner and in connection with that a criminal complaint

also filed before RS Puram, B2 Police Station and the same is pending.

2(ii). However, in the course of the trial, the petitioner / accused has

https://www.mhc.tn.gov.in/judis Crl.R.C.No.307 of 2016

not produced any document to substantiate the defence and probabilise his

case. Hence, the trial Court as well as the appellate Court found the

petitioner guilty and convicted him to undergo imprisonment for a period of

six months and fine of Rs.5,000/- in default, one month simple

imprisonment.

3. Learned counsel appearing for the petitioner submitted that the

Courts below erred in holding the petitioner guilty, when there is a clear case

of rebuttal through reply notice denying the liability and further, the police

complaint given much before the presentation of the cheque also fortifies the

case of the petitioner. Though, the points raised in the revision petition, if

found to be proved, the conviction of the petitioner would have been

rendered erroneous, unfortunately, what is contended in the reply notice

marked as Ex.P7, not corroborated by any documentary evidence.

4. In the said circumstances, the finding of the Courts below

cannot be faulted. For the said reason, this Court finds no merit in the

revision petition. Hence, the Criminal Revision Case is dismissed, by

https://www.mhc.tn.gov.in/judis Crl.R.C.No.307 of 2016

confirming the judgment of conviction and sentence passed by the Courts

below.

11.10.2022

AT Index : Yes/No Speaking / Non-speaking

To

1.The Principal Sessions Judge, Namakkal.

2.The Judicial Magistrate, Fast Tract Court (Magisterial Level), Tiruchengode.

https://www.mhc.tn.gov.in/judis Crl.R.C.No.307 of 2016

Dr.G.JAYACHANDRAN,J.

AT

Crl.R.C.No.307 of 2016

11.10.2022

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