Madras High Court
Kavitha @ Nandhini vs Navaneethakrishnan on 14 June, 2023
Crl.R.C.No.713 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 14.06.2023
Coram:
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN
Crl.R.C.No.713 of 2020
Kavitha @ Nandhini, ... Petitioner/Appellant/Accused
/versus/
Navaneethakrishnan, ... Respondent/Complainant
Prayer: Criminal Revision Case has been filed under Section 397(1) and 401 of
Cr.P.C., pleased to call for the records and set aside the judgment dated
05.12.2017 made in C.A.No.34 of 2017 on the Learned V Additional District and
Sessions Judge, Coimbatore which was confirming the judgment of the trial Court
dated 20.01.2015 in C.C.No.337 of 2015 on the file of Learned Judicial
Magistrate, Fast Track Court No.2 @ Magisterial Level, Coimbatore and acquit
the petitioner by allowing this revision.
For Petitioner : Mr.M.Akash,
for M/s.G.K.Associates
For Respondent : Mr.M.Silambarasan,
for Mr.R.Ganesh Babu
ORDER
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Crl.R.C.No.713 of 2020
This Criminal Revision Case is filed against the concurrent finding of the
Courts below holding the revision petitioner guilty for issuance a said cheque for
sum of Rs.4,80,000/-, without making sufficient arrangement with the bank to
honour the same.
2. The gist of the complaint is that, the accused and her husband (D.W.1)
were dealing with the complainant and doing gold business. On 04.01.2013, the
accused and her husband entered into an agreement with the complainant and
received 150 grams (99.90) pure gold with an undertaking that, within two years
period, gold weighing 150 grams (99.90) pure gold will be returned or in lieu of
the gold, a sum of Rs.4,80,000/- will be paid. Even after lapse of two years, the
accused and her husband did not pay the agreed amount. After much persuasion,
the accused gave a cheque for Rs.4,80,000/- drawn on Indian Bank, Raja Street
Branch, Coimbatore, dated 23.06.2015. When the cheque was presented for
collection, returned with endorsement “insufficient fund”. After causing statutory
notice, calling upon the accused to repay the cheque amount and the accused
failed to reply or repay the cheque amount. The complaint, in writing present
before the Judicial Magistrate Court, Fast Track Court No.2 @ Magisterial Level,
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Crl.R.C.No.713 of 2020
Coimbatore.
3. To prove the complaint, the complainant mounted the witness box
examined himself as P.W.1 marked the agreement dated 04.01.2013, the cheque
issued in his favour for Rs.4,80,000/- drawn by the accused, the cheque return
memo, legal notice with postal receipt and acknowledgement card marked Ex.P.1
to Ex.P.5 respectively. In defence, the husband of the accused Malan (D.W.1) had
mounted the witness box, denying the liability and to project the defence that the
cheque was given as collateral security while he and his wife (accused) borrowed
Rs.50,000/- from the complainant. The said money was repaid during the 2nd week
of June 2015, in spite of that without returning the agreement as well as the
cheque given as collateral security, the present complaint is filed.
4. The trial Court, after appreciating the evidence found that there is an
admitted written agreement between the complainant and the accused indicating
gold of 150 grams (99.90) pure has been received by the accused and her husband
with promise that, within two years same will be returned or its value of
Rs.4,80,000/- will be repaid. To discharge the said debt, the cheque for
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Crl.R.C.No.713 of 2020
Rs.4,80,000/- drawn by the accused and issued but same was returned without
realisation. Having issued a cheque for discharging the enforceable liability and
not arranged for payment, offence under Section 138 of N.I gets attracted. The
accused was attempted to discharge the burden had not placed material evidence to
that effect and therefore, the accused is liable to be punished for the offence under
Section 138 of N.I.
5. The trial Court has sentenced the accused to undergo one year S.I and to
pay the cheque amount of Rs.4,80,000/- as compensation with interest of 6% per
annum from the date of cheque till date of payment within period of one month, in
default 6 months S.I.
6. On appeal, the V Additional District and Sessions Judge, after re-
appreciating the evidence found that the trial Court judgment holds good since the
legally enforceable debt proved through the agreement marked as Ex.P.1. The
failure on the part of the accused even to the reply to the statutory notice duly
served on her and the probable defence projected through D.W.1 is not sufficient
to probabilise the case of the accused.
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Crl.R.C.No.713 of 2020
7. The Revision Petition before this Court is on the ground that the trial
Court failed to properly appreciate the evidence of D.W.1 (Malan) and there is no
proof to show that the accused and the complainant had any business contract.
Both the grounds raised in the revision petitioner per se unsustainable, in the light
of the fact that, the accused along with her husband entered into a writing
agreement with the complainant to the effect that, they have borrowed 150 grams
of gold (99.90) purity and the market value of Rs.4,80,000/- as on 04.01.2013.
Having executed a document to the effect that, they owe the complainant that 150
grams (99.90) pure gold or in lieu of it, a sum of Rs.4,80,000/-. To discharge the
said debt, the accused has given the cheque marked as Ex.P.2. Having admitted
the execution of the agreement as well as the cheque, the proof of liability is
positively established by the complainant and therefore, there is no perversity in
the finding of the Courts below.
8. Hence, this Criminal Revision Case is dismissed.
14.06.2023
Index :Yes/No.
Internet :Yes/No.
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Crl.R.C.No.713 of 2020
Neutral Citation :Yes/No.
Speaking order/Non-speaking order
bsm
To,
1. The V Additional District and Sessions Judge, Coimbatore.
2. The Judicial Magistrate, Fast Track Court No.2 @ Magisterial Level,
Coimbatore.
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Crl.R.C.No.713 of 2020
Dr.G.JAYACHANDRAN,J.
bsm
Crl.R.C.No.713 of 2020
14.06.2023
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