Madras High Court
G.Prakash vs J.Leelavathy on 31 October, 2025
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
CRL RC No. 2201 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31-10-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
CRL RC No. 2201 of 2025
AND
CRL MP NO. 20187 OF 2025
G.Prakash
S/o.Govindarajan,
Junior Assistant, Directorate of Local Fund
Audit, IV Floor, Integrated Finance Department
Building, Nandanam, Chennai-600 035.
Petitioner(s)
Vs
J.Leelavathy
W/o.Gurumurthy, No.12/23, Bharathy
Nagar, Ayanavaram, Chennai-600 023.
Respondent(s)
CRL RC No. 2201 of 2025
PRAYER
To set aside the judgment dated 25.07.2025 passed in C.A.No.649/2024 by the
Learned XX Additional Sessions Judge, City Civil Court, Chennai, which
confirmed the conviction and sentence imposed by the Learned XXVI
Metropolitan Magistrate, Egmore, Chennai in STC No.1897/2022 dated
08.08.2024.
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CRL RC No. 2201 of 2025
For Petitioner(s): Mr. K.Nagarajan
ORDER
Challenging the impugned judgment passed by the XX Addl. Sessions
Judge, City Civil Court, Chennai in Crl.A.No.649 of 2024, dated 25.07.2025
confirming the judgment passed by the XXVI Metropolitan Magistrate,
Egmore, Chennai in S.T.C.No. 1897 of 2022 dated 08.08.2024, the
petitioner/accused preferred this Criminal Revision Petition.
2. The petitioner herein is the accused in S.T.C No. 1897 of 2022 on the
file of learned XXVI Metropolitan Magistrate, Egmore, Chennai. He was found
guilty of the offence under Section 138 of the Negotiable Instruments Act and
he has been convicted and sentenced to undergo simple imprisonment for a
period of three months and awarded to pay the sum of Rs.2,00,000/-. Aggrieved
by the same, the petitioner had filed an appeal in Crl.A No.649 of 2024 before
the learned XX Addl. Sessions Judge, City Civil Court, Chennai, by an order
dated 25.07.2025, had dismissed the above appeal, confirming the judgment and
sentence imposed by the trial Court. Aggrieved by the same, the present
revision has been filed.
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3. The learned counsel for petitioner argues that there was no legally
enforceable debt, but the respondent/complainant lodged a false complaint
against him. However, P.W.1 was also not cross-examined and based on the
evidence of P.W.1, the trial court convicted the accused, still he is having valid
defence to prove his case, but inspite of direction given by the trial court, he is
not able to cross-examine her due to his ill-health. So, he prayed one more
chance for approaching the trial court to cross-examine her without any delay.
5. Heard and considered submissions made by learned counsel for
petitioner and perused materials available on record.
6. According to the respondent/complainant, the petitioner borrowed sum
of Rs.2,28,000/- and not paid any interest, for that, he gave a cheque, but as per
the contentions of petitioner, there is no legally enforceable debt between them,
he is liable to be given one more opportunity and the fact also reveals that both
petitioner and respondent are known to each other. Therefore, the findings
rendered by the trial judge is liable to be set aside. Accordingly, this Criminal
Revision Case is allowed with a condition that the petitioner shall deposit a
sum of Rs.75,000/- (Rupees seventy five thousand only) into the credit of
S.T.C.No. 1897 of 2022 before the concerned Magistrate within a period of two
weeks from the date of receipt of copy of this order. On such deposit, the
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findings rendered in S.T.C.No. 1897 of 2022 on the file of XXVI Metropolitan
Magistrate, Egmore, Chennai is set aside and the petitioner is directed to
cooperate with the trial proceedings by cross-examining P.W.1 as well as adduce
any evidence, if any, on his side.
31-10-2025
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
rpp
To
1. XX Addl. Sessions Judge, City Civil Court, Chennai.
2. XXVI Metropolitan Magistrate, Egmore, Chennai.
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T.V.THAMILSELVI J.
rpp
CRL RC No. 2201 of
AND CRL MP NO.
20187 OF 2025
31-10-2025
(1/2)
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