Mahadevan ...Revision vs Sakthivel
2023 Latest Caselaw 9600 Mad

Citation : 2023 Latest Caselaw 9600 Mad
Judgement Date : 3 August, 2023

Madras High Court

Mahadevan ...Revision vs Sakthivel on 3 August, 2023

                                                                                Crl.R.C.No.1491 of 2019



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 03.08.2023

                                                        CORAM:

                      The Hon'ble MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

                                                 Crl.R.C.No.1491 of 2019


                   Mahadevan                                 ...Revision Petitioner/Appellant/
                                                                Accused


                                                          -Vs-


                   Sakthivel                                 ...Respondent/Respondent/
                                                                Complainant


                   Prayer:- Criminal Revision Case filed under Section 397 read with 401 of
                   Cr.P.C, to set aside the judgment made in C.A.No.71 of 2019 dated
                   18.11.2019 on the file of the XVI Additional District Sessions Judge,
                   Chennai, confirming the judgment made in C.C.No.2962 of 2016 dated
                   17.12.2018 by the learned Metropolitan Magistrate, Fast Track Court-II,
                   Egmore, Chennai.


                                     For Petitioner    : Mr.K.S.Govinda Prasad
                                     For Respondent    : Mr.S.Anand Venkatesh
                                                         for G.B.Rajesh



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                                                                                Crl.R.C.No.1491 of 2019



                                                       ORDER

This Criminal Revision Case is filed against the conviction of the

accused for an offence under Section 138 of the Negotiable Instruments

Act, 1881, by a judgment dated 17.12.2018, by the learned Metropolitan

Magistrate, Fast Track Court – II, Egmore, Chennai, finding the accused

guilty of the offence and imposing a sentence of simple imprisonment of

one year and directing the Accused to pay twice the compensation of

Rs.6,00,000/- to the Complainant within one month and in default of

compensation, the Petitioner/Accused has to undergo simple imprisonment

for three months.

2. The said conviction was confirmed by the learned XVI Additional

District and Sessions Judge, Chennai, in C.A.No.71 of 2019 by judgment

dated 18.11.2019.

3. This Criminal Revision Case is pending in this Court from 2019.

4. The learned Counsel for the Respondent submitted that the subject

matter was referred for Lok Adalat at the instance of the Revision

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Crl.R.C.No.1491 of 2019

Petitioner. When the case records were sent to the Lok Adalat, he did not

appear. Therefore, the case was returned to this Court.

5. As per the proceedings recorded on 09.01.2023, the subject matter

of this dispute was referred to Lok Adalat.

6. As per the proceedings recorded on 02.06.2023, the matter was

posted before the Lok Adalat, parties did not appear before the Lok Adalat,

and the matter was reverted before this Court. There is no representation

on behalf of the Petitioner. Post the matter for dismissal on 21.06.2023.

7. As per the proceedings recorded on 02.06.2023. Subsequently, it

came up for hearing on 03.07.2023 and again on 04.07.2023.

8. When the case came up for hearing on 04.07.2023, the learned

Counsel for the Revision Petitioner submitted that the Revision Petitioner

had to pay the cheque amount of Rs.3 lakhs. Whereas, the learned

Metropolitan Magistrate, Fast Track Court – II, Egmore, Chennai, had

imposed compensation of Rs.6 lakhs. Already, Rs.1 lakh was deposited

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Crl.R.C.No.1491 of 2019

after conviction. Subsequently, after dismissal of the Appeal and after

entertaining the Criminal Revision Case, Rs.1,20,000/- was deposited.

Therefore, he is ready to settle the amount of Rs.80,000/- (Rupees Eighty

Thousand) and Demand Draft of Rs.80,000/- is ready with him.

9. After having suffered conviction before the learned Trial Judge,

the learned Appellate Judge did not entertain the ground of Appeal stating

that the judgment of conviction recorded by the learned Trial Judge was

compensation for the cheque amount. The learned Appellate Judge having

confirmed the judgment of the learned Metropolitan Magistrate, FTC-II,

Egmore, Chennai, the Accused, who had suffered conviction, cannot

demand settlement of the amount less than the amount ordered by the

Court and this plea cannot be kept pending for years together. Already, this

Court had given sufficient opportunities for settlement. The

Appellant/Accused having suffered conviction cannot seek adjournments

in the Criminal Revision Case on the pretext of settlement. Hence,

Criminal Revision Case is dismissed as having no merits.

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Crl.R.C.No.1491 of 2019

10. In that view of the case, this Court is inclined to dispose of the

Criminal Revision Case with the following directions:-

(a) The Revision Petitioner/Accused is directed to surrender before

the learned Metropolitan Magistrate, FTC-II, Egmore, Chennai,

within a week, failing which the Respondent/Complainant

should take appropriate action through the Court of the learned

Metropolitan Magistrate, FTC-II, Egmore, Chennai, including

proclaiming the Accused as absconding Accused.

(b)The learned Metropolitan Magistrate, FTC-II, Egmore,

Chennai, is also directed that if the Accused does not surrender

within a week, he/she shall pass appropriate orders, directing

the police to secure the Accused.

(c) The learned Metropolitan Magistrate, FTC-II, Egmore,

Chennai, also directed to forward a copy of the order to the

Commissioner of Police, Greater Chennai Police, Chennai, for

effecting the arrest of the Accused, who had suffered conviction

which was confirmed in the Appeal.

(d) The Commissioner of Police, Greater Chennai Police, Chennai, is

directed that in cases involving the Accused, who had suffered

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Crl.R.C.No.1491 of 2019

conviction. The Accused may be traced and produced before the

Court concerned. So that the case is not pending for want of

execution.

(e) If the Accused does not surrender, the Complainant shall initiate

action against the Accused under the provisions of proclaimed

offender by obtaining order from the Court, including publication of

notices in print and media. The learned Metropolitan Magistrate,

FTC-II, Egmore, Chennai, can declare the Accused as proclaimed