Madras High Court
M.Balakrishnan vs L.P.Brindha on 24 April, 2023
Crl.R.C(MD)No.291 of 2018
BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT
DATED : 24.04.2023
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.R.C(MD)No.291 of 2018
and
Crl.M.P(MD) No.6569 of 2023
M.Balakrishnan ....Petitioner
Vs.
L.P.Brindha ... Respondent
PRAYER: Criminal Revision Case filed under Section 397 read with Section
401 of the Code of Criminal Procedure, to call for the records relating to the
judgment dated 14.12.2017 made in C.A. No.68 of 2008 on the file of the
Additional District and Sessions Court, Theni confirming the judgement
dated 28.11.2008 made in STC No.113 of 2006 on the file of the District
Munsif, Theni convicting the petitioner for the offences punishable under
section 138 of Negotiable Instrument Act and sentenced to undergo rigorous
imprisonment for one year and to pay a sum of Rs.5000/- towards find in
default to undergo one month simple imprisonment and set aside the same.
For Petitioner : Mr.M.Jerin Mathew
For Respondent : M/s.APN Law Associates
ORDER
This revision has been filed to set aside the order passed by the
learned Additional District and Sessions Judge, Theni in C.A. No.68 of 2008
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Crl.R.C(MD)No.291 of 2018
dated 28.11.2008 in confirming the conviction and sentence imposed by the
learned District Munsif, Theni in STC No.113 of 2006.
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 the respondent had borrowed
house plot from one Athisankaran under three sale deed for the sale prie of
Rs.5,89,000/-. Later the respondent was informed that the above said
Athisankaran did not have any title over the same, therefore criminal cases
were registered against him and others. On the complaint enquiry was
conducted and thereafter settlement was arrived at between the parties in
which the accused undertook to repay the said amount to the respondent
herein. Towards settlement the petitioner herein paid a cheque for sum of
Rs.5,89,000/- and it was presented for collection and subsequently returned
as dishonored, hence the complaint.
4.On the side of the respondent, he himself was examined as P.W.1
and marked Exs.P.1 to P.6 and on the side of the petitioner, two witnesses
were examined as D.W.1 and D.W.2 and Ex.D.1 and D.4 were marked.
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Crl.R.C(MD)No.291 of 2018
5.On perusal of the oral and documentary evidence, the trial Court
found the petitioner guilty for the offence under Section 138 of the Negotiable
Instruments Act and sentenced him to undergo one year Simple
Imprisonment and directed to pay a fine of Rs.5,000/- to the complainant
indefault to undergo simple imprisonment for a further period of one month.
Aggrieved by the same, the petitioner preferred an appeal and the same was
also dismissed confirming the conviction and sentence passed by the trial
Court. Aggrieved by the same, the present Revision is filed.
6.The learned counsel appearing for the petitioner would submit that at
the time of suspending the sentence this Court had directed the petitioner to
deposit a sum of Rs.3,00,000/- to the credit in STC No.113 of 2006 and
accordingly the petitioner had deposited the said amount on the file of the
learned District Munsif, Theni . He further submitted that the petitioner is
ready and willing to pay the remaining amount within the time stipulated by
this Court. He would further submit that in the meanwhile the respondent
died, therefore the legal heirs may be directed to executed the sale deed in
favour of the petitioner.
7.Heard the learned counsel appearing on either side and perused the
materials available on record.
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Crl.R.C(MD)No.291 of 2018
8. Considering the said submission, the petitioner was directed to
deposit the remaining amount of Rs.2,89,000/- on or before 26.06.2023
before the trial Court and on such deposit the legal heirs of the respondents
may be permitted to withdraw the same by filing proper application. On
receipt of such application the trial Court is directed to pass orders to cancel
the sale deed which was executed in favour of the deceased in the manner
known to law.
9. Accordingly the Criminal Revision Petition stands partly allowed. It is
also made clear that if the petitioner fails to deposit the balance cheque
amount on or before 26.06.2023 the sentence imposed by the trial Court is
hereby restored and the trial court shall pass appropriate orders to secure
the petitioner in order to serve the remaining sentence period. Consequently
connected miscellaneous petition is closed.
24.04.2023
NCC : Yes/No
Index : Yes/No
Internet : Yes
aav
https://www.mhc.tn.gov.in/judis
Crl.R.C(MD)No.291 of 2018
To
1. The Additional District and Sessions Court, Theni
2. The District Munsif, Theni
https://www.mhc.tn.gov.in/judis
Crl.R.C(MD)No.291 of 2018
G.K.ILANTHIRAIYAN, J.
aav
Order made in
Crl.R.C(MD)No.291 of 2018
24.04.2023
https://www.mhc.tn.gov.in/judis
