Maruthavanan ... Revision vs N.Thirumalaikumar ... Revision
2023 Latest Caselaw 6915 Mad

                                                                             Crl.R.C.(MD)No.168 of 2019



                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    Date : 23.06.2023

                                                       CORAM:

                           THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

                                           Crl.R.C.(MD)No.168 of 2019
                                                      and
                                            Crl.M.P(MD) 2548 of 2019


                     Maruthavanan               ... Revision Petitioner/Appellant / Accused
                                                             vs.

                     N.Thirumalaikumar ... Revision Respondent/ Respondent Complainant


                     PRAYER : This Criminal Revision has been filed under Section 397 r/w
                     401 of Cr.P.C., to call for the records from the lower court and to duly set
                     aside the order passed by the learned Additional District Court,
                     Srivillipudhur, Virudhunagar District in his C.A. No 120 of 2014 dated
                     02.03.2019 in confirming the judgment of the Judicial Magistrate
                     Rajapalayam, Virudhunagar District in C.C.No.198 of 2013 dated
                     02.09.2014.


                                   For Petitioner       : Mr.K.Prabhu

                                   For Respondent      : Mr.A.Sivaji




                     1/6
https://www.mhc.tn.gov.in/judis
                                                                                Crl.R.C.(MD)No.168 of 2019



                                                           ORDER

This Criminal Revision Petition has been filed as against the

Judgment passed by the learned Additional District Court, Srivillipudhur,

Virudhunagar District in C.A.No.120 of 2014 dated 02.03.2019 by

confirming the order of the learned Judicial Magistrate Rajapalayam,

Virudhunagar District in C.C.No.198 of 2013 dated 02.09.2014.

2.The petitioner is an accused in the complaint lodged by the

respondent for the offence punishable under Section 138 of N.I. Act.

3.The crux of the complaint is that the petitioner borrowed a sum

of Rs.5,44,000/- from the respondent on 10.10.2012 and he also

promised to repay the said amount within a period of four months. On

repeated request in order to return the money, the petitioner has issued

two cheques dated 22.02.2013 for a sum of Rs.2,72,000/- each. Both the

cheques were presented for collection. However, both cheques were

returned dishonored for the reason 'funds insufficient'. After causing

statutory notice, the respondent lodged a complaint.

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD)No.168 of 2019

4.On the side of the respondent, he had examined P.W.1 and P.W.2

and marked Ex.P.1 to Ex.P.9. On the side of the accused, he had

examined D.W.1 and D.W.2 and marked Ex.D.1 to Ex.D.3.

5.On perusal of the oral and documentary evidence, the trial Court

found the petitioner guilty for the offence under Section 138 of N.I. Act

and sentenced him to undergo two years Simple Imprisonment and to pay

a fine of Rs.5,000/- in default to undergo 6 months Simple Imprisonment.

Aggrieved by the same, the petitioner has preferred an appeal in

C.A.No.120 of 2014 before the learned Additional District Court,

Srivillipudhur, Virudhunagar District and the Appellate Court also

dismissed the appeal on 02.03.2019 and confirming the order of

conviction and sentence imposed by the trial Court. Hence, the present

revision.

6.At the time of suspending the sentence of the petitioner, the

petitioner was directed to deposit a sum of Rs.1,50,000/- to the credit of

C.C.No.198 of 2013 on the file of the learned Judicial Magistrate

Rajapalayam, Virudhunagar District. Subsequently, he was directed to

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD)No.168 of 2019

deposit the remaining cheque amount. Both directions were duly

complied with and the petitioner deposited a sum of Rs.1,50,000/- to the

credit of C.C.No.198 of 2013 on the file of the learned Judicial

Magistrate Rajapalayam, Virudhunagar District, on 06.05.2019 and a sum

of Rs.3,94,000/- was deposited in C.C.No.198 of 2013 before the trial

Court on 01.07.2019.

7.Now the learned counsel for the petitioner would submit that he

has no objection to withdraw the said amount by the respondent.

8.The learned counsel for the respondent also satisfied with the

cheque amount, which was already deposited by the petitioner.

9.In view of the above, the Judgment made in C.A.No.120 of 2014,

dated 26.09.2018 on the file of the learned Additional District Court,

Srivillipudhur, Virudhunagar District, confirming the order made in

C.C.No.198 of 2013, dated 02.09.2014 on the file of the Judicial

Magistrate No.I, Tiruchirappalli is set aside.

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD)No.168 of 2019

10.Accordingly, the Criminal Revision Case is allowed. The

petitioner/accused is acquitted. Bail bond if any executed by the

petitioner/accused shall stand cancelled and a fine amount if paid is

ordered to be refunded to the petitioner/accused forthwith. Consequently

connected miscellaneous petition is closed.

11.The respondent is permitted to withdraw the amount, which was

deposited by the petitioner by way of proper application before the trial

Court. It is also made clear that the trial Court is directed to permit the

respondent to withdraw the amount without ordering notice to the

petitioner herein.

23.06.2023

sji NCC : Yes/No Index: Yes/No Internet: Yes/No To

1.The Additional District Court, Srivillipudhur, Virudhunagar District.

2.The Judicial Magistrate Rajapalayam, Virudhunagar District.

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

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD)No.168 of 2019

G.K.ILANTHIRAIYAN , J.

sji

Crl.R.C.(MD)No.168 of 2019

23.06.2023

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