Madras High Court
Shiney vs V.Saravanakumar on 1 October, 2024
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.R.C.No.1681 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.10.2024
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.R.C.No.1681 of 2024
and
Crl.M.P.Nos.13866 & 13878 of 2024
Shiney ... Petitioner
Vs.
1.V.Saravanakumar
2.State rep. By
The Public Prosecutor of Nilgiris,
at Udhagamandalam. ... Respondents
PRAYER: Criminal Revision Petition filed under Sections 438 r/w. 442 of
BNSS to call for the records of the judgment and order dated 02.04.2024
made in Crl.A.No.25 of 2023 passed by the Court of Sessions Division of
the Nilgiris District at Udhagamandalam confirming the judgment of
conviction, sentence and compensation dated 28.01.2023 made in
S.T.C.No.96 of 2021 by the Judicial Magistrate/Fast Track Court, Coonoor
and to set aside the same by allowing this revision petition and consequently
acquit the petitioner/accused.
For Petitioner : Mr.P.Rajkumar
For R1 : Mr.W.M.Abdul Azeez
1/6
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Crl.R.C.No.1681 of 2024
ORDER
The petitioner was convicted by the learned Judicial Magistrate/Fast
Track Court, Coonoor/Trial Court by judgment, dated 28.01.2023 in
S.T.C.No.96 of 2021 for offence under Section 138 of the Negotiable
Instruments Act and sentenced to undergo six months Simple Imprisonment
and to pay the cheque amount of Rs.1,20,000/- within three months from the
date of judgment, in default, to undergo two months simple imprisonment.
Aggrieved over the judgment of the trial Court, an appeal was preferred by
the petitioner before the Court of Sessions Division of the Nilgiris District at
Udhagamandalam/lower appellate Court in C.A.No.25 of 2023. The learned
Sessions Judge by judgment dated 02.04.2024 dismissed the appeal,
confirming the judgment of the trial Court, against which the present
revision.
2.The contention of the learned counsel for the petitioner is that the
petitioner received financial help from the respondent for the family debts
and urgent needs, the respondent taking advantage of the petitioner being a
lady and her innocence, filled up a cheque as though the petitioner borrowed
a sum of Rs.1,20,000/- and using the same, a case has been registered. The
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petitioner defended the case before the Trial Court as well as the Lower
Appellate Court and put forth her case. Both the Courts below failed to
consider the petitioner's contention and finally, the petitioner approached
this Court suffering two concurrent findings against her. On 27.07.2024, the
petitioner was arrested and confined to Central Prison, Coimbatore. After the
petitioner was arrested, her family members with great difficulty mobilized
funds and paid a sum of Rs.1,40,000/- to the the respondent as full and final
settlement [Rs.49,000/- by way of Demand Draft No.292876 dated
30.09.2024 drawn in Indian Bank, Madras High Court Branch and
Rs.91,000/- deposited into the account of the respondent on 30.09.2024].
3.The learned counsel for the respondent confirms the receipt of the
amount of Rs.1,40,000/-.
4.The petitioner has filed compounding petition along with affidavit
before this Court in Crl.M.P.No.13878 of 2024 in Crl.R.C.No.1681 of 2024
invoking Section 147 of the Negotiable Instruments Act, 1881 to compound
the offence and the same is ordered.
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5.In the result, the case between the petitioner and the respondent is
compounded. Hence, the judgment, dated 28.01.2023 in S.T.C.No.96 of
2021, passed by the learned Judicial Magistrate/Fast Track Court, Coonoor
and the judgment dated 02.04.2024 passed by the learned Sessions Judge,
Court of Sessions Division of the Nilgiris District at Udhagamandalam in
C.A.No.25 of 2023 are set aside. The petitioner is acquitted of all the
charges levelled against her. The petitioner is directed to be released
forthwith.
6.In the result, the criminal revision petition stands allowed.
Consequently, connected miscellaneous petition is closed.
01.10.2024
Index:Yes/No
Speaking Order/Non-Speaking Order
Neutral Citation: Yes/No
cse
Note: Issue order copy on 01.10.2024
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To
1.The Judicial Magistrate/
Fast Track Court,
Coonoor.
2.The Sessions Judge,
Court of Sessions Division of
the Nilgiris District at
Udhagamandalam.
3.The Superintendent,
Central Prison,
Coimbatore.
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M.NIRMAL KUMAR, J.
cse
01.10.2024
https://www.mhc.tn.gov.in/judis
