Madras High Court
N.Thangaraj vs K.Senthilkumar on 18 April, 2023
Crl.R.C(MD)No.521 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.521 of 2018
N.Thangaraj ... Petitioner/
Appellant/Accused
Vs.
K.Senthilkumar ... Respondent/
Respondent/Complainant
PRAYER: Criminal Revision Case filed under Sections 397 r/w 401
and 482 of the Code of Criminal Procedure, to call for the records
relating to the Judgment made in C.A.No.2 of 2018, dated
06.03.2018 on the file of the learned Additional Sessions Judge,
Karur, confirming the Judgment made in S.T.C.No.335 of 2011,
dated 12.12.2017 on the file of the learned Judicial Magistrate, Fast
Track Court, Karur.
For Petitioner : Mr.I.Velpradeep
For Respondent : Mr.S.Gokul Raj
https://www.mhc.tn.gov.in/judis
1/6
Crl.R.C(MD)No.521 of 2018
ORDER
This revision has been filed to set aside the Judgment
made in C.A.No.2 of 2018, dated 06.03.2018, on the file of the
learned Additional Sessions Judge, Karur, confirming the Judgment
made in S.T.C.No.335 of 2011, dated 12.12.2017, on the file of the
learned Judicial Magistrate, Fast Track Court, Karur.
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 09.01.2004, the
petitioner borrowed a sum of Rs.1,00,000/- from the respondent
and also executed a pro-note. As per the pro-note, he agreed to pay
interest at the rate of 1.25% per Rs.100/- for the loan borrowed by
him. Thereafter, the petitioner failed to pay any interest and as
such, the respondent demanded to repay the loan amount. In order
to repay the said amount, he issued a cheque for the sum of Rs.
1,00,000/-. The said cheque was presented for collection and the
same was returned dishonoured for the reason 'account closed'.
After causing statutory notice, the respondent lodged the complaint.
https://www.mhc.tn.gov.in/judis
Crl.R.C(MD)No.521 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.8 and on the side of the
petitioner, he had examined D.W.1 to D.W.3 and marked Exs.D.1 to
D.7.
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 imposed a fine
of Rs.2,000/- and in default of the fine amount, to undergo 30 days
Simple Imprisonment. Aggrieved by the same, the petitioner
preferred an appeal in C.A.No.2 of 2018 on the file of the learned
Additional Sessions Judge, Karur. 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 05.09.2018, imposed a condition that the petitioner shall
deposit a sum of Rs.1,00,000/- to the credit of S.T.C.No.335 of
2011 on the file of the learned Judicial Magistrate, Fast Track Court,
Karur. However, the petitioner so far did not comply with the same.
https://www.mhc.tn.gov.in/judis
Crl.R.C(MD)No.521 of 2018
7.The learned counsel appearing for the petitioner would
submit that the petitioner is ready and willing to settle the entire
cheque amount within a period of four weeks.
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 cheque amount of Rs.1,00,000/- on or before
29.05.2023 to the credit of S.T.C.No.335 of 2011, dated
12.12.2017, on the file of the learned Judicial Magistrate, Fast Track
Court, Karur and on such deposit, the respondent is permitted to
withdraw the entire amount which is deposited by the petitioner. If
the petitioner failed to deposit the cheque amount, the sentence
imposed by the Courts below is hereby restored without any further
reference to 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
https://www.mhc.tn.gov.in/judis
Crl.R.C(MD)No.521 of 2018
To
1.The Additional Sessions Judge,
Karur.
2.The Judicial Magistrate,
Fast Track Court, Karur.
https://www.mhc.tn.gov.in/judis
Crl.R.C(MD)No.521 of 2018
G.K.ILANTHIRAIYAN, J.
ps
Order made in
Crl.R.C(MD)No.521 of 2018
18.04.2023
https://www.mhc.tn.gov.in/judis
