Madras High Court
M.Subramani vs K.Sivakumar on 8 March, 2023
Crl.R.C.No.108 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :08.03.2023
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.R.C.No.108 of 2020
M.Subramani .. Petitioner
/versus/
K.Sivakumar .. Respondent
Prayer : Criminal Revision Case has been filed under Section 397 and
401 of Cr.P.c., praying to call for the records in C.A.No.104 of 2017 on
the file of the Sessions Judge of the Nilgiris at Udhagamandalam dated
04.03.2019 confirming the order of the conviction passed by the learned
Judicial Magistrate Court, Udhagamandalam, Nilgiris District in
S.T.C.No.162 of 2010, dated 07.03.2017 set aside the conviction of 6
months Simple Imprisonment and also to pay compensation of
Rs.2,00,000/- in default of payment, further conviction of one month
Simple Imprisonment and set the petitioner at liberty .
For Petitioner :No appearance
For Respondent :Mrs.M.Reena for
Mr.J.Bharathiraja
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Crl.R.C.No.108 of 2020
ORDER
This Criminal Revision Case preferred by the accused, aggrieved by
the concurrent finding of the Courts below holding him guilty of offence
under Section 138 of the Negotiable Instruments Act, 1881, for issuing a
cheque of Rs.2,00,000/- to discharge the liability. Knowing well that he
has no sufficient amount to honour the cheque. The trial Court held the
revision petitioner guilty and sentenced him to undergo six months SI and
pay compensation of Rs.2,00,000/-, in default in payment of
compensation, one month SI. Aggrieved by that, the accused preferred an
appeal before the Sessions Court, The Nilgiris, Udhagamandalam in
Crl.A.No.104 of 2017 and the lower appellate Court has dismissed the
appeal on 04.03.2019 by confirming the judgment of the trial Court in
S.T.C.No.162 of 2010 dated 07.03.2017.
2. Challenging the concurrent finding of the Courts below, this
Criminal Revision Case has been filed along with the petition for
suspension of sentence. When it was came up for admission, this Court on
20.02.2020 in Crl.M.P.No.676 of 2020 suspended the sentence on
condition that the petitioner/accused shall deposit a sum of Rs.50,000/-
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Crl.R.C.No.108 of 2020
within a period of six weeks, from the date of receipt of a copy of that
order.
3. When the matter was taken up for consideration today, the
learned counsel appearing for the respondent states that the conditional
order was not complied and further, the revision petitioner/accused died,
but she is not aware of the date of his demise. In any event, on perusal of
the records, this Court finds that the revision petitioner/accused, who was
granted suspension of sentence on a specific condition that he should
deposit a sum of Rs.50,000/- within a period of six weeks from the date of
receipt of a copy of that order, has not complied the said condition.
4. As far as the grounds of the revision is concerned, the contention
of the revision petitioner/accused that he has no privity of contract with
the complainant and he does not know that the complainant at all has been
disbelieved by both the Courts below. For the reason that, on receipt of
the statutory notice, the accused has not replied to deny the privity of
contract and further more, having admitted the signature in the cheque but
taking a defence that the cheque was not given to the complainant but to
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Crl.R.C.No.108 of 2020
one Govindaraj, who had financial transaction, does not pass the test of
preponderance of probability to rebut the presumption under Section 139
of the Negotiable Instruments Act, 1881. The reasoning given by the
Courts below does not suffer infirmity or illegality to interfere exercising
the power under Section 397 of Cr.P.C. For that reason, the Criminal
Revision case is liable to be dismissed.
5. Accordingly, this Criminal Revision Case is dismissed.
08.03.2023
Index:yes/no
Speaking order/non speaking order
ari
To:
1.The District & Sessions Judge, The Nilgiris at Udhagamandalam.
2.The Judicial Magistrate, Udhagamandalam.
3.The Public Prosecutor, High Court, Madras.
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Crl.R.C.No.108 of 2020
Dr.G.JAYACHANDRAN, J.
ari
Crl.R.C.No.108 of 2020
08.03.2023
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