Vanaja vs Raja
2024 Latest Caselaw 19680 Mad

Madras High Court

Vanaja vs Raja on 19 October, 2024

                                                                                  Crl.R.C. No. 1054 of 2024

                                       IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                          DATED: 19.10.2024

                                                              CORAM

                                     THE HON’BLE MR. JUSTICE M. NIRMALKUMAR

                                         CRIMINAL REVISION CASE No. 1054 of 2024

                     Vanaja                                             ..Petitioner

                                                                 Vs.
                     Raja                                         ..Respondent

                     Prayer:            Criminal Revision Petition under Section 397 r/w 401 Cr.P.C.

                     to set aside the judgment dated 15.03.2019 passed in Crl.A.No. 12 of 2017

                     by the learned Additional Sessions Judge (Fast Track Mahila Court),

                     Thiruvarur modifying the judgment dated 09.02.2017 passed in S.T.C. No.

                     1161 of 2013 by the learned Judicial Magistrate No.1, Mannargudi.

                                  For Petitioner     ::     Mr.D. Veerasekaran

                                  For Respondent     ::     No Appearance

                                                              ORDER

The petitioner as complainant had filed a private complaint against the

respondent under Section 138 of Negotiable Instruments Act, which was

taken on file by the Trial Court in S.T.C. No. 1161 of 2013. By judgment

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dated 09.02.2017, the Trial Court convicted the respondent and sentenced

him to 2 years simple imprisonment and directed him to pay Rs.7,50,000/-,

being the cheque amount as compensation. Aggrieved against the said

judgment, the respondent filed an appeal in Criminal Appeal No. 12 of 2017

before the Sessions Court, Thiruvarur and the learned Sessions Judge, by

judgment dated 15.03.2019, while confirming the conviction, modified the

sentence imposed from 2 years simple imprisonment to 11 months and also

set aside the compensation amount of Rs.7,50,000/-. Aggrieved by the said

judgment, the present revision has been filed by the petitioner/complainant.

2. In the meanwhile, it is brought to the notice of this Court that

the respondent had filed a revision in Crl.R.C. No. 425 of 2019 challenging

the order passed in Criminal Appeal No. 12 of 2017 and this Court, by order

dated 02.08.2024 dismissed the said revision confirming the judgment of the

Trial Court thereby restoring the original sentence of 2 years simple

imprisonment imposed on the respondent/accused and also the payment of

compensation amount of Rs.7,50,000/-. Further, this Court had given a

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direction to learned Judicial Magistrate No.1, Mannargudi to execute the

warrant and issue direction to the Police to secure the respondent/accused.

3. In view of the said order, the prayer sought in this revision has

become infructuous. Recording the same, the revision stands disposed of.

19.10.2024 nv

M. NIRMALKUMAR,J.

nv

To

1. Addl. Sessions Court, (Fast Track Mahila Court), Thiruvarur.

2. The Court of Judicial Magistrate No.1, Mannargudi.

19.10.2024

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