Madras High Court
T.K.Madhavan vs J.Krishnan on 2 June, 2023
Crl.R.C(MD)No.286 of 2018
BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT
DATED : 02.06.2023
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.R.C(MD)No.286 of 2018
and
Crl.M.P(MD) Nos.3881 and 3882 of 2018
T.K.Madhavan ....Petitioner
Vs.
1. J.Krishnan
2. The State of Tamil Nadu
Rep. by the Public Prosecutor
Nagercoil ... Respondents
PRAYER: Criminal Revision Case filed under Section 397 read with Section
401 of the Code of Criminal Procedure, to set aside the judgment passed in
Crl.A.No.94 of 2010 dated 20.04.2018 on the file of the Sessions Court,
Kanyakumari at Nagercoil dismissing the appeal and confirming the order
passed in STC No.1078 of 2009 dated 11.10.2010 on the file of the learned
Judicial Magistrate, Padmanabhapuram and acquit the petitioner .
For Petitioner : Mr. R.J.Karthick
For R-1 : Mr.R.V.Sakthivel
For R-2 :Mr.K.Sanjai Gandhi
Government Advocate(Crl.Side)
ORDER
This revision has been filed to set aside the judgment passed in
Crl.A.No.94 of 2010 dated 20.04.2018 on the file of the Sessions Court,
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Crl.R.C(MD)No.286 of 2018
Kanyakumari at Nagercoil dismissing the appeal and confirming the order
passed in STC No.1078 of 2009 dated 11.10.2010 on the file of the learned
Judicial Magistrate, Padmanabhapuram
2. The petitioner is an accused in the complaint lodged by the first
respondent for the offence punishable under Section 138 of the Negotiable
Instruments Act.
3. The crux of the complaint is that the petitioner had borrowed a sum
of Rs.2,00,000/-(Rupees Two Lakhs only) and on the same date in order to
repay the said amount he had issued post dated cheque for the same. When
it was presented for collection, the same was returned as dishonored for the
reason “ account closed”. Thereafter, the first respondent had caused
statutory notice and lodged the complaint.
4. On the side of the first respondent, one Nalla Perumal was
examined as P.W.1 and marked Exs.P.1 to P.4 and on the side of the
petitioners, no one was examined and no documents were marked.
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Crl.R.C(MD)No.286 of 2018
5.On perusal of the oral and documentary evidence, the trial Court
found the petitioner guilty for the offence under Section 138 of the Negotiable
Instruments Act and sentenced him to undergo six months Rigorous
Imprisonment. Aggrieved by the same, the petitioner preferred an appeal
and the same was also dismissed confirming the conviction and sentence
passed by the trial Court. Aggrieved by the same, the present Revision is
filed.
6. The learned counsel appearing for the petitioner would submit that
the petitioner is now ready and willing to settle the cheque amount within
three months and on such payment, the conviction and sentence imposed by
the Courts below may be set aside.
7. The learned counsel appearing for the first respondent also agreed
to receive the cheque amount and he has no objection to set aside the
conviction imposed by the trial Court.
8. Heard the learned counsel appearing on either side and perused the
materials available on record.
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Crl.R.C(MD)No.286 of 2018
9. Considering the above submission, the conviction imposed by the
Court below is confirmed. In so far as the sentence in concerned, it is set
aside on condition that the petitioner shall deposit the cheque amount on or
before 03.07.2023 before the trial Court to the credit of S.T.C.No.1078 of
2009 on the file of the learned Judicial Magistrate, Padmanabhapuram and
on such deposit the first respondent is permitted to withdraw the entire
amount which was deposited by the petitioner by filing proper application. It
is also made clear that if the petitioner fails to deposit the cheque amount on
or before 03.07.2023 the sentence imposed by the trial Court is hereby
restored without any further reference to this Court and the first respondent
is at liberty to take appropriate steps to execute the conviction and sentence
as against the petitioner in the manner known to law.
10. Accordingly this Criminal Revision case is partly allowed.
Consequently connected miscellaneous petitions are closed.
02.06.2023
NCC : Yes/No
Index : Yes/No
Internet : Yes
aav
https://www.mhc.tn.gov.in/judis
Crl.R.C(MD)No.286 of 2018
To
1. The Sessions Court, Kanyakumari at Nagercoil
2. The Judicial Magistrate, Padmanabhapuram
https://www.mhc.tn.gov.in/judis
Crl.R.C(MD)No.286 of 2018
G.K.ILANTHIRAIYAN, J.
aav
Order made in
Crl.R.C(MD)No.286 of 2018
02.06.2023
https://www.mhc.tn.gov.in/judis
