K.P.Jaganathan vs The State Rep. By
2023 Latest Caselaw 1195 Mad

                                                                                      Crl.R.C.No.501 of 2017

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                        DATED: 31.01.2023

                                                            CORAM:

                                     THE HONOURABLE MS JUSTICE R.N.MANJULA

                                                    Crl.R.C.No.501 of 2017
                     K.P.Jaganathan                                                     ... Petitioner
                                                               Vs.
                     The State Rep. By
                     The Inspector of Police,
                     CCIWCID,
                     Tiruvallur.
                     (Crime No.1/2008)                                                 ... Respondent

                     Prayer: The Criminal Revision Case filed under Section 397 r/w. 401 of
                     Cr.P.C. to set aside the Judgment passed in C.C.No.396 of 2008 dated
                     15.04.2016 on the file of the Judicial Magistrate, Tirutani modified in
                     C.A.No.38 of 2016 dated 31.01.2017 on the file of the District Principal
                     Sessions Court, Tiruvallur.
                                       For Petitioner         : Mr.K.Goviganesan

                                       For Respondent         : Mr.R.Murthi,
                                                                Government Advocate (Crl. Side)
                                                           ORDER

This Criminal Revision has been preferred challenging the order

passed in C.C.No.396 of 2008 dated 15.04.2016 on the file of the Judicial

Magistrate, Tirutani modified in C.A.No.38 of 2016 dated 31.01.2017 on

the file of the District Principal Sessions Court, Tiruvallur.

https://www.mhc.tn.gov.in/judis Crl.R.C.No.501 of 2017

2. The petitioner is the sole accused. He was the former President of

KH.260, Mathur Dr.Puratchi Thalaivi Power Loom Weavers Co-operative

Production and Sales Sangam and his period got expired on 25.05.2001 and

subsequently he handed over the charges of the society to the Special Officer

on 23.09.2001. At that time, it was found that there was a shortage of stock

to the tune of Rs.2,59,650/-, shortage of yarn to the tune of Rs.45,776/- and

other articles to the tune of Rs.1,390/- making altogether a sum of

Rs.3,06,816/-. The Special Officer lodged a complaint before the respondent

Police by alleging that there is some misappropriation and on the basis of

which a case has been registered in Crime No.1 of 2008 for the offence

under Section 406 I.P.C., After completion of investigation, charge sheet

was filed against the accused and the same was taken on file in C.C.No.396

of 2008 before the learned Judicial Magistrate, Tiruttani. After completion

of trial, the accused was found guilty for the offence under Section 406

I.P.C., and convicted and sentenced him to undergo 2 years Rigorous

Imprisonment and to pay a fine of Rs.5,000/-, in default to undergo 3

months Simple Imprisonment. Aggrieved over the same, the accused

preferred an appeal in C.A.No.38 of 2016 before the Principal District and

https://www.mhc.tn.gov.in/judis Crl.R.C.No.501 of 2017

Sessions Court, Tiruvallur. After contest, on 31.01.2017, the learned

Appellate Judge modified the punishment only in respect of the period of

sentence from 2 years to 1 year Rigorous Imprisonment and all other

punishment remained unaltered. Challenging the said conviction and

sentence passed by the learned Appellate Judge, the accused has preferred

the present Revision before this Court.

3. Heard the learned counsel for the petitioner and the learned

Government Advocate (Crl. Side) appearing for the respondent.

4. The learned counsel for the petitioner submitted that the petitioner

is now 80 years old and he has severe health ailments. The case has been

registered against the petitioner due to some political motive in view of his

active participation in one of the political parties. Only under Section 81 of

the Tamil Nadu Co-operative Societies Act, 1983, enquiry was initiated and

the report was also submitted and no surcharge proceedings have been

initiated under Section 87 of the Tamil Nadu Co-operative Societies Act.

However, in order to erase the stigma of conviction against the petitioner, the

https://www.mhc.tn.gov.in/judis Crl.R.C.No.501 of 2017

petitioner's son is willing to pay the amount of Rs.3,06,816/- . However the

said payment cannot be made because the society had become defunct and

now the administration has taken up by the Assistant Director of

Handlooms, Tiruvallur.

5. If the surcharge proceedings had been initiated, both the principal

and interest and in case of any default, the property would be attached.

Since no proceedings under Section 87 of the said Act has been initiated by

virtue of the order of this Court, dated 05.01.2023, the petitioner was

directed to deposit a sum of Rs.5 lakhs to the Assistant Director of

Handlooms, Tiruvallur and the Assistant Director, Handloom was also

directed to receive the same and apportionate the said sum accordingly. For

that, the petitioner was directed to produce the necessary receipt of the said

payment before the Court today i.e., 31.01.2023.

6. When the matter was taken up today, the learned counsel for the

petitioner filed a memo along with the copy of the demand draft vide

BC.No.50328839, dated 27.01.2023 drawn from the Union Bank of India,

https://www.mhc.tn.gov.in/judis Crl.R.C.No.501 of 2017

Maddur Branch in favour of the Assistant Director, Handlooms, Tiruvallur

for a sum of Rs.5 lakhs.

7. Mrs.D.Chitra Devi, Handloom Inspector, Tiruvallulr who is present

before this Court today, has also acknowledged the payment of Rs.5 lakhs

made through the demand draft. Since the direction of this Court has been

complied with and the petitioner is a super senior citizen, taking into

consideration of the special circumstance of this Case and also taking into

consideration of the fact that the petitioner has come forward to pay the

compensation of Rs.5 lakhs irrespective of the merits of the revision, I feel it

is unnecessary to confirm the sentence of one year Rigorous Imprisonment

already imposed. Section 406 I.P.C contemplates a punishment extending to

3 years Simple Imprisonment or with fine or with both, I feel the discretion

of this Court can be exercised to set aside the sentence alone. It is also to be

noted that the fine amount of Rs.5,000/- has been already paid as the

punishment for the offence has been proved against the petitioner.

8. In view of the above stated reasons, the sentence of one year

https://www.mhc.tn.gov.in/judis Crl.R.C.No.501 of 2017

Rigorous Imprisonment imposed by the learned Principal District and

Sessions Judge, Tiruvallur in C.A.No.38 fo 2016, dated 31.01.2017 is set

aside and other conditions remain unaltered.

9. With the above modification, this Criminal Original Petition stands

allowed.

31.01.2023 Index: Yes/No Speaking order/Non speaking order vum

To

1. The Inspector of Police, CCIWCID, Tiruvallur.

2.The Section Officer, Criminal Section, High Court, Madras.

R.N.MANJULA,J.

https://www.mhc.tn.gov.in/judis Crl.R.C.No.501 of 2017

Vum

Crl.R.C.No.501 of 2017

31.01.2023

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