Madras High Court
The Managing Director vs Murugesan on 10 April, 2024
Crl.R.C(MD)No.218 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 10.04.2024
CORAM :
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
Crl.R.C(MD) No.218 of 2023
and
Crl.M.P(MD) No.3102 of 2023
1.The Managing Director,
Through Amal Petter Poulraj,
M.S.Crown Agro India Limited,
1/135, Kamarajar Nagar,
Rajapalayam,
Virudhunagar District.
2.Amal Petter Poulraj .. Petitioners/Petitioners/Accused
Vs.
Murugesan .. Respondent/Respondent/Complainant
PRAYER: These Criminal Revision Petition has been filed under Section
397 r/w 401 of the Criminal Procedure Code, to call for the records relating
to the impugned judgment made in Cr.M.P. Nos.498 of 2023 in C.A.No.10 of
2023, dated 27.01.2023, on the file of the learned Principal District and
Sessions Judge, Virudhunagar at Srivilliputhur and set aside the first
condition with regard to deposit the amount of Rs.2,00,000/-.
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Crl.R.C(MD)No.218 of 2023
For Petitioners : Mr.V.Angusamy
For Respondent : Mr.G.Thalai Mutharasu
ORDER
These Criminal Revision Case has been filed against the order passed
in Cr.M.P. Nos.498 of 2023 in C.A.No.10 of 2023, dated 27.01.2023, on the
file of the learned Principal District and Sessions Judge, Virudhunagar at
Srivilliputhur and set aside the first condition with regard to deposit the
amount of Rs.2,00,000/-.
2. The petitioners are the accused in C.C.No.317 of 2019 on the file of
the learned Judicial Magistrate No.I, Virudhunagar. The petitioners are the
Managing Director of a Chit Company namely Crown Agro India Limited
and the respondent and others have paid Rs.10,00,000/- in order to save the
money. After the maturity period, the respondent and others have demanded
their money from the petitioners. Inspite of repeated request made by the
respondent, the second respondent issued a cheque for a sum of
Rs.10,00,000/- date 28.12.2015. When the respondent produced the said
cheque before the Bank, it was returned due to insufficient fund on
01.01.2016. Hence, the respondent issued a legal notice on 05.01.2016 to the
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petitioners. Inspite of receiving the notices, the respondents neither paid the
money nor replied the notice. Hence, the respondent has initiated the
proceedings under Section 138 of Negotiable Instruments Act.
3. The learned Judicial Magistrate No.I, Virudhunagar, after
considering the materials and evidence available on record, convicted the
petitioners for the offence under section 138 of Negotiable Instruments Act
and sentenced them to undergo 1 year Simple Imprisonment and to pay
compensation of Rs.10,00,000/-, in default to undergo 6 months of Simple
Imprisonment. Challenging the same, the petitioners have filed an appeal
before the Principal District and Sessions Court, Virudhunagar District at
Srivilliputhur in C.A.No.10 of 2023 along with the petition for suspension of
sentence in Cr.M.P.No.498 of 2023. At that time of granting suspension of
sentence, the learned appellate Judge imposed a condition to deposit a sum of
Rs.2,00,000/- before the concerned trial Court within a period of one month.
Now challenging the same, the present revision petition has been filed before
this Court.
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4. The learned counsel for the petitioners has filed an undertaking
affidavit stating that he is willing to deposit 10% of the cheque amount
instead of 20% of the cheque amount that has been ordered by the concerned
appellate Court.
5. Heard the learned counsel for the petitioners and the respondent and
perused the materials and impugned orders passed by the learned Principal
District and Sessions Judge, Virudhunagar District at Srivilliputhur.
6. On the basis of the undertaking affidavit filed by the petitioners, this
Court is inclined to allow this revision with the following terms;
7. The petitioners are directed to deposit 10% of the cheque amount
jointly or severally before the learned Judicial Magistrate No.I,
Virudhunagar, on or before 04.06.2024. On receipt of the same, the learned
Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur,
is directed to dispose the appeal in C.A.No.10 of 2023 on or before
31.07.2024.
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8. With the above directions, this revision is partly allowed.
Accordingly, the impugned order, dated 27.01.2023 in Cr.M.P. Nos.498 of
2023 in C.A.No.10 of 2023 passed by the learned Principal District and
Sessions Judge, Virudhunagar District at Srivilliputhur, is hereby modified.
Consequently, connected Miscellaneous Petition is closed.
9. Post the matter for compliance on 06.06.2024.
10.04.2024
(1/3)
NCC : Yes/No
Index :Yes/No
Internet :Yes/No
Indu
To
The Principal District and Sessions Court,
Virudhunagar District at Srivilliputhur.
https://www.mhc.tn.gov.in/judis
K.K.RAMAKRISHNAN, J.
Indu
Order made in
10.04.2024
(1/3)
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