Madras High Court
R.Sadasivam vs M.Pongaliappan on 6 June, 2025
Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
Crl.R.C.No.612 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.06.2025
CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Crl.R.C.No.612 of 2022
R.Sadasivam .. Petitioner
Versus
M.Pongaliappan .. Respondent
Prayer: Criminal Revision Case is filed under Section 397 and 401 of
Cr.P.C., to call for the records and pleased to set aside the conviction order
passed in C.A.No.55 of 2019, dated 05.10.2021, on the file of the learned II
Additional District and Sessions Judge at Tiruppur, and confirmed the
conviction order passed in C.C.No.304 of 2010, dated 26.04.2019, on the
file of the Judicial Magistrate Court, Avinashi.
For Petitioner : Mr.G.Shanmugam
For Respondent : M/s.Sureka,
for Mr.V.Vijayakumar
1/6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/06/2025 01:06:06 pm )
Crl.R.C.No.612 of 2022
ORDER
This Criminal Revision Case is directed against the judgment of the
learned II Additional District and Sessions Judge, Tiruppur, dated
05.10.2021 made in C.A.No.55 of 2019, thereby, confirming the conviction
and sentence imposed on the petitioner/accused vide judgment in
C.C.No.304 of 2010. By the judgment in C.C.No.304 of 2010, the learned
Judicial Magistrate, Avinashi had convicted the petitioner for the offence
under Section 138 of the Negotiable Instruments Act, 1881 and imposed a
sentence of two years Simple Imprisonment and a fine of Rs.1,000/- and
also directed the payment of the cheque amount being Rs.17,87,625/- as
compensation.
2. Pending this Revision Case, it seems that the petitioner/accused
and the respondent/complainant negotiated out of Court and the
respondent/complainant has executed a receipt stating that he received
amount from the petitioner/accused towards full satisfaction of the Criminal
Appeal in Crl.R.C.No.612 of 2022 before this Court. The said receipt was
produced and the matter was sought to be closed. At that time, since no
amount was mentioned in the receipt and since the learned Counsel for the
https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/06/2025 01:06:06 pm )
respondent/complainant also did not have direct instructions from the
complainant, this Court, by the order, dated 28.04.2025, directed the Deputy
Superintendent of Police, Avinashi to conduct an enquiry and submit a
report.
3. Pursuant thereto, the Deputy Superintendent of Police, Avinashi
had conducted an enquiry. In his enquiry, the complainant had stated that it
is true that there were negotiation talks and the entire cheque amount of
Rs.17,87,625/- was received and that he executed the said receipt.
However, as per the negotiation held between them in the presence of
panchayatdars, another sum of Rs.5,00,000/- has to be paid by the
petitioner/accused to him. Today also, the respondent/complainant has not
instructed his learned Counsel before this Court in that regard. The learned
Counsel for the petitioner/accused submits that she has no direct contact
with the complainant.
4. In view thereof, since, in the enquiry, the respondent/complainant
accepted that he has received the amount from the petitioner/accused
towards the full and final satisfaction of Crl.R.C.No.612 of 2022 and it turns
https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/06/2025 01:06:06 pm )
out in the enquiry that the entire cheque amount is received by the
respondent/complainant and in the circumstances, where the
respondent/complainant is not turning up before this Court or instructing the
learned Counsel to agree for a compromise, I am of the view that interest of
justice would be best served in view of the above facts to modify the
punishment as to one relating to the fine of the cheque amount alone. The
fact that already cheque amount, being Rs.17,87,625/- is paid is recorded.
The other sum of Rs.1,000/-, imposed as fine, is also paid. Therefore, the
sentence of imprisonment, imposed vide the judgment, dated 26.04.2019 in
C.C.No.304 of 2010 and confirmed in the judgment, dated 05.10.2021 in
Crl.A.No.55 of 2019 alone stands set aside.
5. This Criminal Revision Case is allowed in part accordingly.
06.06.2025
Neutral Citation : no
grs
To
1. The II Additional District and Sessions Judge,
Tiruppur.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/06/2025 01:06:06 pm )
2. The Judicial Magistrate,
Avinashi.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/06/2025 01:06:06 pm )
D.BHARATHA CHAKRAVARTHY, J.,
grs
06.06.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/06/2025 01:06:06 pm )
