K.M.Sadanantham vs State Rep. By
2023 Latest Caselaw 1898 Mad

                                                                             Crl.R.C.(MD)No.530 of 2016



                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   Date : 06.03.2023

                                                      CORAM:

                           THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

                                          Crl.R.C.(MD)No.530 of 2016

                     K.M.Sadanantham                       ... Petitioner/Appellant/Sole Accused
                                                              vs.
                     State Rep. by
                     The Inspector of Police,
                     District Crime Branch,
                     Karur.
                     Crime No.3 of 2010                ... Respondent/Respondent/Complainant

                     PRAYER : This Criminal Revision Petition has been filed under Section
                     397 r/w 401 of Criminal Procedure Code, to call for the records of the
                     learned Sessions Judge, Mahalir Neethimandram (Fast Track Mahila
                     Court), Karur in Crl.A.No.28 of 2016 by Judgment dated 27.05.2016,
                     confirming the conviction and sentence of imprisonment imposed by the
                     learned Judicial Magistrate No.I, Karur in C.C.No.399 of 2011 by the
                     Judgment, dated 23.03.2016 and set aside the Judgments of the Courts
                     below.

                                  For Petitioner     : Mr.P.Athimoolapandian

                                  For Respondent : Mr.T.Senthilkumar
                                                   Additional Public Prosecutor

                                  For Intervenor     : Mr.R.Suresh




https://www.mhc.tn.gov.in/judis
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                                                                                 Crl.R.C.(MD)No.530 of 2016




                                                           ORDER

This Criminal Revision Petition is directed against the Judgment

passed by the learned Sessions Judge, Mahalir Neethimandram (Fast

Track Mahila Court), Karur in Crl.A.No.28 of 2016 dated 27.05.2016,

confirming the conviction and sentence of imprisonment imposed by the

learned Judicial Magistrate No.I, Karur in C.C.No.399 of 2011 by the

Judgment, dated 23.03.2016 and set aside the same. Thereby, both the

Courts below convicted the petitioner for the offence under Section 406

IPC and sentenced him to undergo one year Simple Imprisonment and to

pay a fine of Rs.1,000/- in default to undergo three months Simple

Imprisonment.

2.The case of the prosecution is that the de-facto complainant and

the petitioner are brothers. They are trustees of one Arumuga Nadar

Annathana Sathiram. The property belongs to the trust was sold out and

the amount was deposited in the trust account to the tune of Rs.

13,50,000/-. As per the order passed by the Court, the accrued interest of

the said amount can be received by the resolution. Thereafter, part of the

land to an extent of 762 sq.ft. belongs to the members of the trust was

acquired for laying road by the National Highways Authorities and a sum https://www.mhc.tn.gov.in/judis

Crl.R.C.(MD)No.530 of 2016

of Rs.4,97,515/- was deposited in the name of the trust on 08.03.2007.

On the next day on 09.03.2007, the petitioner herein had withdrawn a

sum of Rs.4,95,000/- without consent or knowledge of the other trustees.

Thereby, the petitioner caused loss to the trust. On the complaint, FIR

was registered in Crime No.3 of 2010 against the petitioner for the

offences under Sections 406 and 420 of IPC.

3.On the side of the prosecution, 11 witnesses were examined as

P.W.1 to P.W.11 and exhibited 26 documents as Ex.P.1 to Ex.P.26 and on

the side of the accused, no one was examined and no documents were

marked.

4.On perusal of the oral and documentary evidence, the Trial Court

found the petitioner guilty for the offence under Section 406 of IPC and

sentenced him to undergo one year Simple Imprisonment and to pay a

fine of Rs.1,000/- in default to undergo three months Simple

Imprisonment. The offence under Section 420 IPC is concerned, the Trial

Court acquitted the petitioner. Aggrieved by the same, the petitioner

preferred an appeal in Crl.A.No.28 of 2016 before the learned Sessions

Judge, Mahalir Neethimandram (Fast Track Mahila Court), Karur and the

same was dismissed by confirming the conviction and sentence imposed https://www.mhc.tn.gov.in/judis

Crl.R.C.(MD)No.530 of 2016

by the trial Court. Hence, the petitioner has filed the present petition with

the above said prayer.

5.Admittedly, the petitioner is also one of the members of the trust

along with the de-facto complainant in the said Arumuga Nadar

Annathana Sathiram. The part of the land was acquired for laying the

road and a sum of Rs.4,97,515/- was deposited in the trust account by the

National Highways Authority on 08.03.2007. On the next day on

09.03.2007, the said amount was withdrawn by the petitioner.

Thereafter, the said amount was also deposited in the trust account by the

petitioner during the anticipatory bail was considered by the Court below.

The trust is also consisting other trustees, namely, the other family

members. The allegation is that the petitioner had withdrawn the amount,

which was deposited by the National Highways Authority for the land

acquired by them, without consent or knowledge of the trustees. It is

seen that the petitioner had withdrawn the said amount on 09.03.2007.

The complaint was lodged only on 21.02.2010. Even on the day of

withdrawal of the amount itself, the de-facto complainant had knowledge

about the withdrawal of the said amount. However, he lodged the

complaint only on 21.02.2010. There is absolutely no explanation by the

prosecution for the delay in lodging of the complaint. Further, the https://www.mhc.tn.gov.in/judis

Crl.R.C.(MD)No.530 of 2016

defence taken by the petitioner is that the said amount was withdrawn

only to renovate the trust building. However, the petitioner had already

deposited the entire amount, which was withdrawn by him, while he was

granted anticipatory bail. Now, he is also ready and willing to deposit

some more amount as imposed by this Court. Since the petitioner is also

one of the trustees and both the Courts below have rightly acquitted the

petitioner for the offence under Section 420 IPC. Insofar as the offence

under Section 406 IPC is concerned, the prosecution has proved the case.

6.Considering the submissions made by the petitioner and also

considering the fact that the petitioner is ready and willing to deposit

some more amount in the name of the trustees towards the trust account,

this Court is inclined to set aside the sentence alone imposed by the

learned Sessions Judge, Mahalir Neethimandram (Fast Track Mahila

Court), Karur in Crl.A.No.28 of 2016 by Judgment dated 27.05.2016.

7.In view of the above, the sentence imposed against the petitioner

for the offence under Section 406 of IPC by the Courts below is hereby

set aside on condition that the petitioner shall deposit a sum of

Rs.1,00,000/- (Rupees One Lakh only) to the credit of Arumuga Nadar

Annathana Sathiram and produce the receipt/acknowledgement before https://www.mhc.tn.gov.in/judis

Crl.R.C.(MD)No.530 of 2016

the respondent police, on or before 10.04.2023, failing which, the

sentence imposed by the Courts below shall stand automatically restored

and in that event, the respondent police is at liberty to secure the

petitioner in order to undergo the remaining period of sentence.

8.With the above modification, this Criminal Revision Case is

partly allowed.

06.03.2023

sji

To

1. The Sessions Judge, Mahalir Neethimandram (Fast Track Mahila Court), Karur.

2.The Judicial Magistrate No.I, Karur.

3.The Inspector of Police, District Crime Branch, Karur.

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

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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

Crl.R.C.(MD)No.530 of 2016

G.K.ILANTHIRAIYAN , J.

sji

Crl.R.C.(MD)No.530 of 2016

06.03.2023

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