C. Vadivel vs K. Sabapathy
2023 Latest Caselaw 6242 Mad

                                                                          Crl.O.P.No.15823 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 14.06.2023

                                                      CORAM:

                                  THE HONOURABLE MR. JUSTICE SUNDER MOHAN

                                               Crl.O.P.No.15823 of 2021


                     C. Vadivel
                                                                                     ...Petitioner

                                                         -Vs-

                     K. Sabapathy                                                 ... Respondent


                     Prayer: Criminal Original petition filed under Section 482 of Code of
                     Criminal Procedure, to set aside the order dated 06.05.2021 in
                     C.M.P.No.386 of 2021 in C.C.No.128 of 2017 on the file of the Judicial
                     Magistrate – I, Namakkal.




                                     For Petitioner         : Ms. S. P. Nirmala
                                                              For Mr. D. Shivakumaran

                                     For Respondent         : Ms. Saranya Bai
                                                              For Mr. R. Saravanan




https://www.mhc.tn.gov.in/judis
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                                                                              Crl.O.P.No.15823 of 2021




                                                           ORDER

This Criminal Original Petition has been filed seeking to set aside

the order passed by the learned Judicial Magistrate No.I, Namakkal in

C.M.P.No. 386 of 2021 in C.C.No. 128 of 2017 dated 06.05.2021.

2.The learned counsel for the petitioner submitted that the

petitioner had filed C.M.P.No.386 of 2021 in C.C.No.128 of 2017 before

the Judicial Magistrate Court – I, Namakkal, praying for return of

Rs.1,50,000/- deposited by him during the pendency of the appeal in

C.A.No.52 of 2020 on the file of the Additional District and Sessions

Court, Namakkal. The petitioner was acquitted by the learned Additional

District and Sessions Judge by judgment dated 12.10.2020. The

petitioner thereafter, filed an application for return of the amount

deposited by him. The said petition was dismissed on the ground that an

appeal has been filed against the acquittal before this Court in

Crl.A.No.292 of 2021.

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

Crl.O.P.No.15823 of 2021

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

petitioner has been acquitted, the presumption of innocence is confirmed

and the amount deposited cannot be retained, merely because an appeal

against the acquittal is filed before this Court. It is always open to the

respondent, to recover the amount, if the petitioner is found guilty and

any compensation is awarded.

4.The learned counsel for the respondent submitted that as against

the judgment of acquittal before the Additional District and Sessions

Judge, Namakkal, the respondent had filed Crl.A.No.292 of 2021 before

this Court. Therefore, the petitioner is not entitled for refund of amount

deposited till the disposal of the appeal by this Court.

5.This Court finds that once the petitioner has been acquitted for

the offence under Section 138 of Negotiable Instruments Act, the

presumption of innocence is confirmed by a judicial pronouncement. In

such circumstances, it is not proper to retain the amount deposited by

him, merely because there is an appeal against the acquittal pending

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

Crl.O.P.No.15823 of 2021

before this Court. Even if this Court had to ultimately reverse the

judgment of acquittal, it is not as if, the respondent is without any

remedy.

6.Hence, this Court is of the view that the petitioner is entitled to

refund of amount deposited by him in compliance of the order passed by

appellate Court in C.M.P.No.777 of 2020 dated 24.07.2020 and the

learned Judicial Magistrate No.I, Namakkal, is directed to return the

amount deposited by the petitioner as prayed for by him. Accordingly,

this Criminal Original Petition is allowed.

14.06.2023

smv

Internet: Yes Index : Yes/No Speaking/Non Speaking order

To

1.The Judicial Magistrate No.I, Namakkal.

2.The Public Prosecutor, High Court of Madras.

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

Crl.O.P.No.15823 of 2021

SUNDER MOHAN,J.

smv

Crl.O.P.No.15823 of 2021

14.06.2023

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