Madras High Court
Kuppulakshmi vs P.S.Deivaraj on 23 June, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.R.C.No.207 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.06.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.R.C.No.207 of 2025
Kuppulakshmi ... Petitioner
Vs.
P.S.Deivaraj ... Respondent
PRAYER: Criminal Revision has been filed under Sections 438 r/w 442 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, praying to call for the records and
set aside the order passed by the learned II Additional District and Sessions
Judge, Tiruchengode in Crl.A.No.59 of 2024 dated 18.12.2024 confirming the
sentence passed by the learned Judicial Magistrate (F.T.C.) Tiruchengode in
S.T.C.No.146 of 2019 dated 31.01.2024 against the petitioner.
For Petitioner : Mr.F.Welligton
For Respondent : Mr.C.S.Saravanan
ORDER
This Criminal Revision Case has been preferred against the
judgment dated 18.12.2024, passed by the learned II Additional District and
Sessions Judge, Tiruchengode, in Crl.A.No.59 of 2024, confirming the
conviction and sentence imposed on the petitioner dated 31.01.2024, passed by
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the learned Judicial Magistrate (F.T.C.) Tiruchengode, in S.T.C.No.146 of
2019, thereby convicting the petitioner for the offence punishable under
Section 138 of the Negotiable Instruments Act (hereinafter referred to as “the
NI Act”)
2. Heard the learned counsel appearing on either side and perused
the materials placed before this Court.
3. The learned counsel appearing for the petitioner submitted that
this Court, by an order dated 31.01.2025, suspended the sentence imposed on
the petitioner and also exempted him from surrendering in Crl.M.P.Nos.1556
& 1557 of 2025, on condition that the petitioner shall deposit the entire cheque
amount within a period of four weeks. Though the petitioner had taken the
demand draft and handed over to the counsel, who appeared on behalf of the
petitioner before the trial Court, the said Counsel failed to deposit the said
demand draft in S.T.C.No.146 of 2019. Therefore, the petitioner was arrested
and remanded to judicial custody on 20.06.2025. Now the petitioner had taken
fresh demand draft for a sum of Rs.4,41,450/- in favour of the respondent and
produced before this Court. He further submitted that at the time of suspending
the sentence in the appeal, the first appellate Court imposed condition that the
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petitioner shall deposit 10% of the cheque amount. Accordingly, the petitioner
had deposited 10% of the cheque amount to the credit of the trial Court and it
is lying with the credit of S.T.C.No.146 of 2019 on the file of the learned
Judicial Magistrate, F.T.C., Thiruchengode.
4. The learned counsel appearing for the respondent also submitted
that he is ready and willing to receive the Demand Draft for a sum of
Rs.4,41,450/- and he has no objection to set aside the conviction and sentence
imposed by the trial Court.
5. Considering the above submissions, the conviction and sentence
imposed on the petitioner cannot be sustained and liable to be dismissed.
Accordingly, judgment dated 18.12.2024, passed by the learned II Additional
District and Sessions Judge, Tiruchengode, in Crl.A.No.59 of 2024, and the
judgment dated 31.01.2024, passed by the learned Judicial Magistrate (F.T.C.)
Tiruchengode, in S.T.C.No.146 of 2019 are hereby set aside. The petitioner is
acquitted from all the charges under Section 138 of the NI Act and set liberty
forthwith. The bail bond, if any executed by the petitioner, shall stand
cancelled. The second respondent is permitted to withdraw the amount which
is lying in the credit of the S.T.C.No.146 of 2019 on the file of the learned
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Judicial Magistrate, F.T.C., Thiruchengode, in accordance with law. It is made
clear that the trial Court is directed to permit the respondent to withdraw the
amount lying in the credit of S.T.C.No.146 of 2019 without issuance of notice
to the petitioner.
6. In the result, this Criminal Revision Case stands allowed.
23.06.2025
Index : Yes/No
Neutral citation : Yes/No
Speaking/non-speaking order
Note :- Issue order copy today
ie., on 23.06.2025
rts
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To
1.The II Additional District and Sessions Judge,
Tiruchengode
2.The Judicial Magistrate (F.T.C.),
Tiruchengode
3.The Superintendent,
Women Central Prison,
Coimbatore.
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G.K.ILANTHIRAIYAN. J,
rts
23.06.2025
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