Madras High Court
P.Vinayagamoorthy vs E.Radhika on 12 February, 2025
Crl.R.C.(MD)No.688 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.02.2025
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
Crl.R.C.(MD)No.688 of 2024
P.Vinayagamoorthy ... Petitioner
Vs.
E.Radhika ... Respondent
PRAYER : Criminal Revision Petition filed under Sections 438 r/w 442
BNSS, to call for the records pertaining to the order passed by the
learned Principal Sessions Judge, Madurai in Crl.M.P.No.1496 of 2024
dated 14.03.2024 in Crl.A.No.77 of 2024 and to set aside the same.
For Petitioner : Mr.A.Balaji
For Respondent : Mr.Vasanthan
for Mr.A.Jayaramachandran
ORDER
The Criminal Revision is directed against the observations made
by the learned Principal Sessions Judge, Madurai, in the order passed in
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Crl.M.P.No.1496 of 2024 in Crl.A.No.77 of 2024 dated 14.03.2024
while suspending the sentence.
2. It is not in dispute that the learned Magistrate, after trial, has
passed a judgment in S.T.C.No.199 of 2018 dated 15.02.2024 convicting
the respondent for the offence under Section 138 of Negotiable
Instruments Act and sentenced her to undergo one year simple
imprisonment and to pay compensation of Rs.3,00,000/- being the
cheque amount within two months, in default, to undergo two months
simple imprisonment. Challenging the judgment of conviction, the
respondent has preferred an appeal in Crl.A.No.77 of 2024 and also
moved an application in Crl.M.P.No.1496 of 2024 seeking suspension of
sentence.
3. The learned counsel appearing for the petitioner would submit
that the learned Principal Sessions Judge has observed that the learned
Magistrate has come to a decision that the petitioner/complainant has not
proved the loss sustained by him but even then imposed compensation of
Rs.3,00,000/- and on that basis, the learned Appellate Judge has refused
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to impose any condition directing the respondent to deposit the amount
as contemplated under Section 148 of Negotiable Instruments Act.
4. At this juncture, it is necessary to refer the observations,
“3. ... Further, it is contended that the learned
Judicial Magistrate observed in judgment that in what
way the defacto-complainant sustained loss was not
proved by him, however, the trial court has imposed
compensation of Rs.3 Lacs. On perusal of trial Court
judgment, it is observed that the defacto-complainant has
not proved the loss suffered by him, despite, the trial
court imposed compensation. Considering this aspect
and also considering the citation relied upon by the
petitioner, the facts and circumstances of the case, this
Court is inclined to suspend the sentence and enlarge the
petitioner on bail without condition to deposit 20% of the
compensation amount and the sentence of imprisonment
imposed by the learned Judicial Magistrate No.1, FTC at
Magistrate Level, Madurai in S.T.C.No.199/2018 on
15.02.2024 is suspended till the disposal of the appeal in
C.A.No.77 of 2024 on the following conditions:-...”
5. As rightly contended by the learned counsel appearing for the
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petitioner, in the judgment of conviction, the learned Magistrate has only
stated that the complainant has not proved the loss sustained by him over
and above the cheque amount and proceeded to impose compensation of
Rs.3,00,000/-. But the learned Appellate Judge has observed as if the
learned Magistrate has stated that the complainant has not proved any
loss and as such, the said observation is not in tune with the findings
recorded by the learned Magistrate.
6. At this juncture, the learned counsel appearing for the
respondent would submit that the respondent is ready to deposit some
portion of the amount as directed by this Court.
7. Considering the above, the observation referred above made in
the order passed by the learned Principal Sessions Judge, Madurai in
Crl.M.P.No.1496 of 2024 dated 14.03.2024 is set aside. The respondent
is directed to deposit 10% of the compensation amount before the trial
Court within one month from the date of receipt of a copy of this order
and the other conditions imposed by the learned Principal Sessions
Judge, Madurai, as against the respondent remain unaltered.
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8. With the above direction, this Criminal Revision Case stands
disposed of. No costs.
12.02.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
csm
To
1.The Principal Sessions Judge,
Madurai.
2.The Judicial Magistrate No.1,
Fast Track Court,
Madurai.
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K.MURALI SHANKAR,J.
csm
Order made in
Dated: 12.02.2025
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