S.Thenmozhi vs S.Radhakrishnan
2023 Latest Caselaw 8161 Mad

                                                                         Crl.R.C.(MD).No.1014 of 2022

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  Dated : 12.07.2023

                                                        CORAM

                            THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN

                                            Crl.RC(MD)No.1014 of 2022
                                                      and
                                           Crl.MP(MD)No.12724 of 2022


                S.Thenmozhi                                 ... Petitioner/Appellant
                                                  Vs.
                S.Radhakrishnan                             ... Respondent/Complainant

                PRAYER: Criminal Revision Petition has been filed under Section 397 r/w 401
                of Cr.P.C., to call for the records of the impugned Judgment of the Additional
                District Court FTC, Theni, passed in C.A.No.18 of 2022 dated 10.08.2022, set
                aside and restore the same and proceed the Criminal Appeal.


                                      For Petitioner    : Mr.S.Siva Ilayaraja

                                      For Respondent    : Mr.V.P.Rajan

                                                        ORDER

This Criminal Revision is filed to set aside the impugned Judgment of the

Additional District Court FTC, Theni, passed in C.A.No.18 of 2022 dated

10.08.2022 and restore the same and proceed the Criminal Appeal.

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.1014 of 2022

2. The case of the complainant is that the petitioner/accused has borrowed

a sum of Rs.15,00,000/- from the complainant on 02.01.2014 towards Education

expenses & expansion of house and agreed to repay the said amount. The

petitioner has issued a cheque in favour of the complainant drawn on HDFC

Bank, Madurai. On 03.02.2014, the complainant has presented the cheque for

collection through the Canara Bank, Theni, and the same was returned on

04.02.2014 with reason as “Account Closed”. The complainant has then sent a

legal notice dated 16.02.2014 to the petitioner demanding repayment of the

amount covered by the cheque. The petitioner after receiving the notice, neither

issued any reply notice nor come forward to pay the cheque amount and

therefore, the complainant has filed a complaint for the offence under Section

138 of Negotiable Instruments Act.

3. The learned counsel appearing for the petitioner would submit that the

petitioner has been convicted by the trial Court for the alleged offence under

Section 138 of Negotiable Instruments Act and sentenced her to undergo one

year simple imprisonment and to pay a compensation of Rs.15,00,000/- with an

interest at the rate of 9% per annum within a period of two months, in default to

undergo four months simple imprisonment as per the dictum laid down in

R.Vijayan Vs. Baby & Another reported in 2012 1 SCC 260.

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.1014 of 2022

4. Challenging the above said conviction and sentence, the petitioner has

filed an appeal in Crl.A.No.18 of 2022 along with suspension of petition in

Crl.MP.No.552 of 2022 before the learned Principal Sessions Judge, Theni. The

learned Principal Sessions Judge, Theni, allowed the suspension of sentence

petition with condition by directing the petitioner to pay 20% of compensation

amount with 9% interest per annum i.e., Rs.5,16,074/- before the concerned

Judicial Magistrate. Since the amount was not paid by the petitioner, the learned

Principal Sessions Judge, Theni, dismissed the appeal. Challenging the same, she

preferred the revision before this Court.

5.The learned counsel for the petitioner submitted that direction of the

learned Principal Sessions Judge, Theni, has been complied with and the same

was affirmed by the learned counsel for the respondent/complainant and both are

requested this Court to allow the revision and remit the matter to the learned

Principal Sessions Judge, Theni, for disposing C.A.No.18 of 2022 in accordance

with law.

6.Considering the submission made on either side and the order passed by

the learned learned Principal Sessions Judge, Theni, in Crl.MP.No.552 of 2022

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.1014 of 2022

has been complied with by the petitioner, this Court is inclined to allow this

Revision.

7.The impugned Judgment of the Additional District Court FTC, Theni,

passed in C.A.No.18 of 2022 dated 10.08.2022, is hereby set aside and the

Criminal Revision Petition is allowed. The learned Principal Sessions Judge,

Theni, is directed to proceed the appeal in CA.No.18 of 2022 in accordance with

law and dispose the same within a period of three months from the date of

receipt of a copy of this order.

8.Accordingly, this Criminal Revision Case is allowed. Consequently, the

connected miscellaneous petition is closed.

12.07.2023 NCC : Yes/No Index : Yes/No Internet: Yes/No dss

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.1014 of 2022

To

1.The Principal Sessions Judge, Theni.

2.The Additional District Court FTC, Theni.

3.The Section Officer, Criminal Record, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.1014 of 2022

K.K.RAMAKRISHNAN, J.

dss

Crl.RC(MD)No.1014 of 2022 and Crl.MP(MD)No.12724 of 2022

12.07.2023

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