R.S.Karukaran vs K.Varalakshmi
2023 Latest Caselaw 9944 Mad

                                                                                  Crl.R.C.No.1293 of 2019


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                 DATED: 08.08.2023
                                                          CORAM:
                  THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP


                                               Crl.RC.No.1293 of 2019

                  R.S.Karukaran                                  ... Petitioner/Accused



                                                           Vs.
                  K.Varalakshmi                                  ... Respondent/Complainant



                  PRAYER: Criminal Revision Petition filed under Section 397 & 401
                  Criminal Procedure Code, to set aside the judgment in C.A.No.116 of 2018
                  dated 21.02.2019 on the file of the learned XVIII Additional Sessions Judge,
                  Chennai, confirming the conviction and sentence passed in C.C.No.2991 of
                  2015 dated 20.02.2018 on the file of the learned Metropolitan Magistrate,
                  Fast Track Court-II, Chennai imposing one year imprisonment and further
                  imposing a compensation of Rs.5,20,000/-.


                                         For Petitioner      : M/s.A.N.Rajan


                                         For Respondent      : Mr.D.Sivashanmugam




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https://www.mhc.tn.gov.in/judis
                                                                                  Crl.R.C.No.1293 of 2019


                                                          ORDER

This Criminal Revision Case has been posted repeatedly.

Subsequently, on 27.07.2023 the present Counsel filed change of Vakalath.

At that time, it was stated that within 15 days they have to settle or otherwise

proceed with the argument.

2.Today (08.08.2023) it was posted ''on top of the list''. When the

matter is came up for hearing, the learned Counsel for the Revision Petitioner

filed the additional typed set of papers which contains the copy of the sale

agreement deed. He relies on the recitals in the said sale agreement deed and

submits that the finding given by the learned trial Judge is not as per law.

The Respondent/Complainant had taken four years to settle the amount.

Therefore, he seeks further time. Instead of the amount ordered by the Court,

the Petitioner may be permitted to settle for balance amount. The said

submission of the learned Counsel appearing on change of vakalath for the

Revision Petitioner cannot at all be accepted. In the light of the fact that the

Petitioner herein who had faced trial had the opportunity to let in evidence at

the trial stage.

https://www.mhc.tn.gov.in/judis Crl.R.C.No.1293 of 2019

3.On perusal of the judgment of the learned Metropolitan

Magistrate Court, Fast Track Court - II, Chennai, is found the Petitioner had

not let in evidence. After closing of the evidence of the Complainant, the

incriminating evidence available before the Court against the Accused was

put to him by the Court under Section 313 Cr.P.C, there also he had not

explained all these things or had not marked any document. Now, he filed

additional typed set of papers. Therefore, in the Revision this Court cannot

go into the merits of the facts of the case when he had not agitated the

valuable rights of the Accused before the trial Court.

4.After having suffered conviction before the learned Metropolitan

Magistrate Court, Fast Track Court - II, Chennai, he had agitated his rights

by filing Crl.A.No.116 of 2018, against the judgment passed on the

C.C.No.2991 of 2015. After hearing the learned Counsel for the

Appellant/Accused and the Respondent/Complainant, the learned XVIII

Additional Sessions Judge, Chennai had confirmed the judgment of

conviction passed by the learned Metropolitan Magistrate Court, Fast Track

Court - II, Chennai in C.C.No.2991 of 2015, by judgment dated 21.02.2019,

against which this Criminal Revision Case is filed. In the Crl.R.C.No.1293

https://www.mhc.tn.gov.in/judis Crl.R.C.No.1293 of 2019

of 2019 the Accused/Revision Petitioner cannot be heard to raise the facts

which he had not agitated before the trial. Regarding technicalities of law he

cannot raise the dispute regarding the cheque amount now at this stage.

Therefore, this Criminal Revision fails and is to be dismissed.

5.The Appellant/Accused is directed to surrender before the

learned Metropolitan Magistrate, Fast Track Court - II, Chennai, within 15

days from today. The learned Metropolitan Magistrate, Fast Track Court - II,

Chennai, is directed to issue warrant in continuation of the judgment of

conviction recorded by the learned Metropolitan Magistrate, Fast Track

Court - II, Chennai, C.C.No.2991 of 2015, dated 20.02.2018 and detain the

Accused in Prison to undergo the sentence of imprisonment and also for

recovering the dues to initiate action against him for payment of

compensation.

6.With the above direction, this Criminal Revision Case stands

dismissed.

08.08.2023 vsn Note: Issue Order Copy on 08.08.2023

https://www.mhc.tn.gov.in/judis Crl.R.C.No.1293 of 2019

SATHI KUMAR SUKUMARA KURUP,J.

vsn

Crl.R.C.No.1293 of 2019

08.08.2023

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