Madras High Court
V.K.Lalitha Prasad vs E.R.Sugumaran on 19 June, 2023
Crl.R.C(MD)No.340 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.06.2023
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.R.C(MD)No.340 of 2018
and
Crl.M.P.(MD)No.4711 of 2018
V.K.Lalitha Prasad ... Petitioner
Vs.
1.E.R.Sugumaran
2.The State of Tamil Nadu,
Rep. By Public Prosecutor,
Nagercoil,
Kanyakumari District. ... Respondents
PRAYER: Criminal Revision Case filed under Sections 397(1) r/w 401
of the Code of Criminal Procedure, to call for the records and set aside
the Judgment dated 14.03.2018 passed Crl.A.No.72 of 2007 on the file of
the learned Sessions Judge, Kanyakumari Division at Nagercoil,
confirming the conviction and sentence imposed upon the petitioner in
C.C.No.225 of 2005 on the file of the learned Judicial Magistrate Court
No.I, Kuzhithurai, Kanyakumari District dated 02.04.2007 and acquit the
petitioner.
For Petitioner : Mr.N.Subramani
For 2nd Respondent : Mr.K.Sanja Gandhi,
Government Advocate (Crl. Side)
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Crl.R.C(MD)No.340 of 2018
ORDER
This revision has been filed to set aside the order passed in Crl.A.
No.72 of 2007 on the file of the learned Sessions Judge, Kanyakumari
Division at Nagercoil, dated 14.03.2018, confirming the conviction and
sentence passed in C.C.No.225 of 2005 on the file of the learned Judicial
Magistrate No.I, Kuzhithurai, Kanyakumari District, dated 02.04.2007.
2.The petitioner is an accused in the complaint lodged by the first
respondent and the first respondent is the complainant for the offence
punishable under Section 138 of the Negotiable Instruments Act.
3.The crux of the complaint is that the petitioner borrowed a sum
of Rs.1,20.000/- from the respondent as loan and also assured to repay
the said amount within a period of two months. On demand, the
petitioner issued cheque for the said sum in order to repay the said
amount. The said cheque was presented for collection and the same was
returned as 'funds insufficient'. After issuing statutory notice, the first
respondent lodged a complaint.
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Crl.R.C(MD)No.340 of 2018
4.On the side of the petitioner, he has examined D.W.1 to D.W.5
and Ex.D.1 to Ex.D.3 were marked and on the side of the first
respondent, he himself was examined as P.W.1 and also marked Exs.P.1
to P.7.
5.On perusal of the oral and documentary evidence, the trial Court
found the accused guilty for the offence punishable under Section 138 of
the Negotiable Instruments Act and sentenced him to undergo one year
rigorous imprisonment and imposed a fine of Rs.4,000/- (Rupees Four
Thousand only) in default to undergo one month simple imprisonment.
Aggrieved by the same, the petitioner preferred an appeal in Crl.A. No.
72 of 2007 on the file of the learned Sessions Judge, Kanyakumari at
Nagercoil and the Appellate Court also dismissed the same confirming
the order of the trial Court. Hence, the present revision.
6.The learned counsel for the petitioner would submit that now the
first respondent died and he seeks time to implead the legal heirs of the
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Crl.R.C(MD)No.340 of 2018
first respondent.
7.At the time of granting suspension of sentence, this Court
imposed specific condition that the petitioner shall deposit a sum of Rs.
60,000/- to the credit of trial Court on or before 20.07.2018. However,
the petitioner so far did not comply the said condition. When the
petitioner did not make out any grounds to interfere in the concurrent
findings of the Courts below, the request made by the petitioner cannot
be considered and the revision is liable to be dismissed.
8.A perusal of the records reveals that the petitioner categorically
admitted the signature and the issuance of cheque. Therefore, the
respondent discharged his initial burden as contemplated under Section
138 of Negotiable Instruments Act. However, the petitioner failed to
rebut the presumption and as such the Courts below rightly convicted the
petitioner for the offence under Section 138 of Negotiable Instruments
Act. This Court finds no infirmity or illegality in the order passed by the
Courts below.
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Crl.R.C(MD)No.340 of 2018
9.Accordingly, this Criminal Revision Case is dismissed.
Consequently, connected miscellaneous petition is closed.
19.06.2023
NCC : Yes/No
Index : Yes/No
Internet : Yes
mrn
To
1.The Sessions Judge ,
Kanyakumari District at Nagercoil.
2.The Judicial Magistrate No.I,
Kuzhithurai, Kanyakumari.
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Crl.R.C(MD)No.340 of 2018
G.K.ILANTHIRAIYAN, J.
Mrn
Order made in
Crl.R.C(MD)No.340 of 2018
19.06.2023
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