Madras High Court
B.Indira vs P.Nagarajan on 25 April, 2023
Crl.R.C(MD)No.241 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.04.2023
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.R.C(MD)No.241 of 2018
and
Crl.M.P(MD)No.3162 of 2018
B.Indira,
W/o.Late Badra,
No.1/31, Vaniyar Street,
Big Bazar Street,
Palani,
Dindigul District. ... Petitioner/
Appellant/Sole Accused
Vs.
P.Nagarajan ... Respondent/
Respondent/Complainant
PRAYER: Criminal Revision Case filed under Sections 397 r/w 401
of the Code of Criminal Procedure, against the Judgment and
conviction made in C.A.No.60 of 2017 on the file of the Additional
District and Sessions Judge, Palani, dated 04.01.2018, confirming
the Judgment made in S.T.C.No.27 of 2013 on the file of the learned
Judicial Magistrate (Fast Track Court), Palani, dated 19.05.2017.
For Petitioner : Mr.T.Lenin Kumar
For Respondent : Mr.R.Jegadeeswaran
https://www.mhc.tn.gov.in/judis
1/7
Crl.R.C(MD)No.241 of 2018
ORDER
This revision has been filed to set aside the Judgment
made in C.A.No.60 of 2017, on the file of the Additional District and
Sessions Judge, Palani, dated 04.01.2018, confirming the Judgment
made in S.T.C.No.27 of 2013 on the file of the learned Judicial
Magistrate (Fast Track Court), Palani, dated 19.05.2017.
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 petitioner
borrowed a sum of Rs.6,00,000/- for her family expenses from the
respondent on 04.11.2012. In order to repay the said amount, the
petitioner issued a cheque for the said sum on 02.01.2013. It was
presented for collection and the same was returned dishonoured for
the reason 'funds insufficient'. After causing statutory notice, the
respondent lodged the complaint.
https://www.mhc.tn.gov.in/judis
Crl.R.C(MD)No.241 of 2018
4.On the side of the respondent, he himself was
examined as P.W.1 and also marked Exs.P.1 to P.6 and on the side of
the petitioner, she had examined D.W.1 & D.W.2 and marked
Ex.D.1.
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 her to
undergo six months Simple Imprisonment and also ordered
compensation to the tune of cheque amount to be paid within a
period of two months, in default, to undergo one month Simple
Imprisonment. Aggrieved by the same, the petitioner preferred an
appeal in C.A.No.60 of 2017, on the file of the Additional District
and Sessions Judge, Palani. The appellate Court also dismissed the
appeal and confirmed the conviction and sentence imposed by the
trial court. Hence, the present revision.
https://www.mhc.tn.gov.in/judis
Crl.R.C(MD)No.241 of 2018
6.The learned counsel appearing for the petitioner would
submit that he had no instructions from the petitioner and reported
'no instructions'. Therefore, he is withdrawing his appearance on
behalf of the petitioner. Even then, the petitioner did not engage
any new counsel and failed to appear before this Court either by
person or through Pleader.
7.However, while suspending the sentence, this Court
imposed a condition that the petitioner shall deposit a sum of
Rs.2,00,000/- to the credit of the trial Court. Accordingly, the
petitioner also deposited the sum of Rs.2,00,000/-as directed by
this Court.
8.The learned counsel appearing for the respondent
would submit that if the petitioner pays the remaining cheque
amount, the respondent would satisfy with the cheque amount.
9.Considering the above facts and circumstances,
this Court finds no infirmity or illegality in the order passed by the
https://www.mhc.tn.gov.in/judis
Crl.R.C(MD)No.241 of 2018
Courts below in order to interfere with the conviction imposed as
against the petitioner herein.
10.Accordingly, 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.4,00,000/- on or
before 19.06.2023 to the credit of S.T.C.No.7 of 2013 on the file of
the trial Court and on such deposit, the respondent is permitted to
withdraw the entire cheque amount which is deposited by the
petitioner on filing an appropriate application. 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
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. Consequently, connected Miscellaneous Petition is
closed.
25.04.2023
NCC : Yes/No
Index : Yes/No
https://www.mhc.tn.gov.in/judis
Crl.R.C(MD)No.241 of 2018
Internet : Yes
To
1.The Additional District and Sessions Court,
Palani.
2.The Judicial Magistrate (Fast Track Court),
Palani.
Copy To:-
B.Indira,
W/o.Late Badra,
No.1/31, Vaniyar Street,
Big Bazar Street,
Palani,
Dindigul District.
https://www.mhc.tn.gov.in/judis
Crl.R.C(MD)No.241 of 2018
G.K.ILANTHIRAIYAN, J.
ps
Order made in
Crl.R.C(MD)No.241 of 2018
25.04.2023
https://www.mhc.tn.gov.in/judis
