K.Murugeswari vs Malaichamy
2023 Latest Caselaw 4361 Mad

                                                                            Crl.R.C(MD)No.539 of 2018


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 18.04.2023

                                                        CORAM

                             THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                               Crl.R.C(MD)No.539 of 2018

                     K.Murugeswari                          ... Petitioner/
                                                                   Appellant/Accused

                                                          Vs.

                     Malaichamy                             ... Respondent/
                                                                  Respondent/Complainant


                     PRAYER: Criminal Revision Case filed under Sections 397 r/w 401
                     and 482 of the Code of Criminal Procedure, to allow the revision and
                     set aside the conviction and sentence dated 04.08.2016 made in
                     S.T.C.No.3 of 2013 on the file of the learned Judicial Magistrate
                     No.II (Fast Track Court), Madurai, confirming the Judgment dated
                     25.07.2018 made in Crl.A.No.76 of 2016 on the file of IV Additional
                     District and Sessions Judge, Madurai.




                                  For Petitioner       : Mr.C.Mayil Vahana Rajendran

                                  For Respondent       : Mr.T.Poovalingam




https://www.mhc.tn.gov.in/judis
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                                                                       Crl.R.C(MD)No.539 of 2018



                                                    ORDER

This revision has been filed to set aside the conviction

and sentence made in S.T.C.No.3 of 2013, dated 04.08.2016 on the

file of the learned Judicial Magistrate No.II (Fast Track Court),

Madurai, confirming the Judgment made in Crl.A.No.76 of 2016,

dated 25.07.2018 on the file of IV Additional District and Sessions

Judge, Madurai.

2.The petitioner is an accused in the complaint lodged

by the respondent for the offence punishable under Section 138 of

the Negotiable Instruments Act.

3.The crux of the complaint is that on 02.11.2011, the

petitioner borrowed a sum of Rs.5,00,000/- for his urgent family

expenses. In order to repay the same, the petitioner issued a

cheque and the same was presented for collection. However, it was

returned dishonoured for the reason 'funds insufficient'. After

causing statutory notice, the respondent lodged the complaint.

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Crl.R.C(MD)No.539 of 2018

4.On the side of the respondent, he had examined P.W.1

and P.W.2 and also marked Exs.P.1 to P.7 and on the side of the

petitioner, no one was examined and no documents were produced.

5.On perusal of the oral and documentary evidence, the

trial court found the accused guilty for the offence punishable under

Section 138 of the Negotiable Instruments Act and sentenced him to

undergo six months Simple Imprisonment and also awarded

compensation to the tune of cheque amount. Aggrieved by the

same, the petitioner preferred an appeal in Crl.A.No.76 of 2016 on

the file of IV Additional District and Sessions Judge, Madurai. The

appellate Court also dismissed the appeal and confirmed the

conviction and sentence imposed by the trial court. Hence, the

present revision.

6.While suspending the sentence this Court, by order

dated 24.09.2018, imposed a condition that the petitioner shall

deposit a sum of Rs.1,00,000/- to the credit of S.T.C.No.3 of 2013

on the file of the learned Judicial Magistrate No.II (Fast Track

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Crl.R.C(MD)No.539 of 2018

Court), Madurai. Further, imposed condition that the petitioner shall

deposit another sum of Rs.1,50,000/- within a period of four weeks

after immediately coming out on bail. Both the conditions were duly

complied with by the petitioner.

7.The learned counsel appearing for the petitioner would

submit that the petitioner is ready and willing to settle the

remaining cheque amount within the stipulated time fixed by this

Court.

8.Considering the above submissions, the conviction

imposed by the courts below is hereby confirmed. In so far as the

sentence is concerned, it is set aside on condition that the petitioner

shall deposit the remaining cheque amount, namely a sum of

Rs.2,50,000/- on or before 29.05.2023 to the credit of S.T.C.No.3 of

2013 on the file of the learned Judicial Magistrate No.II (Fast Track

Court), Madurai and on such deposit, the respondent is permitted to

withdraw the entire amount which is deposited by the petitioner by

filing application before the trial Court. If the petitioner failed to

deposit the remaining cheque amount, the sentence imposed by the

Courts below is hereby restored without any further reference to https://www.mhc.tn.gov.in/judis

Crl.R.C(MD)No.539 of 2018

this Court and the respondent is at liberty to take appropriate steps

to execute the conviction and sentence as against the petitioner in

the manner known to law. Accordingly, this Criminal Revision Case

is partly allowed.

                                                                    18.04.2023
                     NCC           : Yes/No
                     Index         : Yes/No
                     Internet      : Yes


                     To


                     1.The Judicial Magistrate No.II,
                           (Fast Track Court),
                       Madurai.

2.The IV Additional District and Sessions Judge, Madurai.

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

Crl.R.C(MD)No.539 of 2018

G.K.ILANTHIRAIYAN, J.

ps

Order made in Crl.R.C(MD)No.539 of 2018

18.04.2023

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