Madras High Court
N.Murugesan vs V.C.Ravichandran on 28 June, 2023
Crl.R.C.No.942 of 2020
and
Crl.M.P.No.6533 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated:28.06.2023
Coram:
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
Crl.R.C.No.942 of 2020
and
Crl.M.P.No.6533 of 2020
N.Murugesan .. Petitioner
/versus/
V.C.Ravichandran .. Respondent
Prayer: Criminal Revision Case has been filed under Section 397
r/w Section 401 of Cr.P.C., against the order of conviction and sentence
dated 04.08.2020 in C.A.No.187 of 2019 on the file of the I Additional
District and Sessions Court, Salem, confirming the order of conviction
and sentence dated 24.07.2019 in S.T.C.No.43 of 2016 on the file of the
Judicial Magistrate II, Salem.
For Petitioner :Mr.K.Selvaraj
For Respondent :Mr.P.Jagadeesan
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.942 of 2020
and
Crl.M.P.No.6533 of 2020
ORDER
This Criminal Revision Case has been preferred, being aggrieved
the concurrent finding of the Courts below holding the accused guilty of
the cheque for Rs.13,97,500/- in favour of the complainant, who is the
respondent herein.
2. The trial Court held the accused guilty of offence under
Section 138 of the Negotiable Instruments Act, 1881 and sentenced him
to undergo six months SI and to pay the cheque amount of
Rs.13,97,500/- as compensation to the complainant within a period of
two months. Aggrieved by that, the accused preferred an appeal before I
Additional District and Sessions Court, Salem in C.A.No.187 of 2019
and the lower Appellate Court confirmed the judgment of the trial Court
vide order dated 04.08.2020.
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.942 of 2020
and
Crl.M.P.No.6533 of 2020
3. The learned counsel appearing for the petitioner had put
forth his argument on the revision petition on several grounds including
impropriety of the judgment passed by the Court below. However, this
Court found that the grounds of the revision petition does not warrant
any interference on the finding of the Courts below.
4. The learned counsel appearing for the petitioner gross
submitted that as against the debt, the complainant has already filed the
suit against the accused and the decree has been passed in O.S.No.233 of
2012 by the II Additional District Judge, Salem dated 30.10.2018 and
therefore, if the order of the Courts below is confirmed, then the
accused/revision petitioner will be multed double penalty, which will go
against the principle of double jeopardise party and the learned counsel
appearing for the petitioner also submitted that the revision petitioner is
ready to pay the cheque amount and the sentence imposed on him
modifies accordingly.
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.942 of 2020
and
Crl.M.P.No.6533 of 2020
5. After considering the submissions, this Court partly allows the
revision petitioner modifying the sentence as below:-
The petitioner/accused found guilty of
the offence under Section 138 of the
Negotiable Instruments Act,1881 and sentence
him to pay a sum of Rs.13,97,500/- as
compensation.
6. The learned counsel appearing for the revision petitioner at
this juncture sought time to pay the compensation amount by way of two
Demand Drafts and took adjournment and accordingly, the matter was
listed today.
7. Two Demand Drafts for Rs.3,97,500/- dated 27.06.2023 and
Rs.10,00,000/- dated 21.06.2023 respectively in favour of the
complainant drawn on Canara Bank, Mullur II Branch, produced before
this Court and learned counsel appearing for the respondent/complainant
received the same under acknowledgement. The learned counsel
appearing for the respondent submitted that the respondent may be
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.942 of 2020
and
Crl.M.P.No.6533 of 2020
permitted to proceed against the borrowed in the Execution Petition
arising out of O.S.No.233 of 2012, after defraying the money received
today.
8. In the light of the above fact, this Criminal Revision Case is
partly allowed and the sentence imposed on the petitioner/accused by the
trial Court is modified as stated above with a liberty to the
respondent/complainant to pursue his Execution Petition giving due
credit to the money received today as Demand Drafts. Consequently,
connected Miscellaneous Petition is closed.
28.06.2023
Index:yes/no
Speaking order/non speaking order
ari
To:
1.I Additional District and Sessions Court, Salem.
2.The Judicial Magistrate No.II, Salem.
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.942 of 2020
and
Crl.M.P.No.6533 of 2020
Dr.G.JAYACHANDRAN,J.
ari
Crl.R.C.No.942 of 2020
and
Crl.M.P.No.6533 of 2020
28.06.2023
https://www.mhc.tn.gov.in/judis
