Madras High Court
Mr.S.Sakthivel vs P.Sundararajan on 8 July, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.RC.No.1018 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.07.2025
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.RC.No.1018 of 2025
and Crl.M.P.No.13433 of 2025
Mr.S.Sakthivel
S/o. Sadasivam,
Head Master,
Government Higher Secondary School,
Sevalpatti Village,
Thenkaithinnappatti P.O.,
Pudukottai TK – 621 316. ...Petitioner
Vs.
P.Sundararajan
S/o. Periya Samy
D.No.100 East Street,
Edayakkurichi Village,
Andimadam TK,
Ariyalur District. ... Respondent
PRAYER: Criminal Revision Petition filed under Section 438 r/w. 442 of
BNSS, 2023, to allow the Criminal Revision and set aside the order dated
04.06.2025 in Crl.Appeal No.13 of 2024 on the file of the learned Sessions
Judge, Fast Track Mahila Court at Ariyalur as dismissed for default in STC
No.1 of 2023 order dated 30.05.2024 on the file of the learned District
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Crl.RC.No.1018 of 2025
Munsif cum Judicial Magistrate Court at Sendurai.
For Petitioner : Mr.D.Dhayalan
ORDER
This Criminal Revision has been filed as against the order dated
04.06.2025 made in Crl.Appeal No.13 of 2024 on the file of the learned
Sessions Judge, Fast Track Mahila Court at Ariyalur, thereby dismissing the
appeal for default.
2. The petitioner is an accused in a complaint lodged by the
respondent under Section 138 of NI Act. After full fledged trial, the trial
Court convicted the petitioner for the offences punishable under Section
138 of NI Act and sentenced him to undergo six months simple
imprisonment and also awarded compensation. Aggrieved by the same the
petitioner has preferred an appeal in C.A.No.13/2024 and the appellate
Court has dismissed the appeal for default on the ground that the petitioner
and his counsel was called absent and there was no representation.
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3. The appeal as against the order of conviction cannot be dismissed
for default as the accused who had already suffered conviction and sentence
for the offence punishable under Section 138 of NI Act as imposed by the
trial Court. In view of the same, the judgment passed by the appellate Court
cannot be sustained and the same is liable to be set aside.
4. In pursuant of dismissal of the appeal filed by the petitioner, he
was arrested and remanded to judicial custody on 19.06.2025 to comply the
conviction and sentence imposed by the trial Court. Now he is confined at
Central Prison, Trichy.
5. In the result, this Criminal Revision Case is allowed and the
judgment dated 04.06.2025 made in Crl.Appeal No.13 of 2024 on the file of
the learned Sessions Judge, Fast Track Mahila Court at Ariyalur, is hereby
set aside and the appeal filed by the petitioner in Crl.Appeal No.13 of 2024
on the file of the learned Sessions Judge, Fast Track Mahila Court, Ariyalur
and the order of suspension passed by the appellate Court are restored. The
learned Sessions Judge, Fast Track Mahila Court at Ariyalur, is directed to
issue fresh notice to the parties and dispose the Criminal Appeal on merits
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and in accordance with law. The petitioner is directed to be set at liberty
forthwith. In view of the above, the connected miscellaneous petition is
closed.
08.07.2025
Index : Yes/No
Speaking/non-speaking order
Note to Office: Issue order copy by today.
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To
1. The Sessions Judge, FTMC, Ariyalur.
2. The District Munsif cum Judicial Magistrate Court, Sendurai.
3. The Superintendent, Central Prison, Trichy.
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G.K.ILANTHIRAIYAN, J.
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08.07.2025
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