Madras High Court
K.Santhana Kumar vs K.Manoharan on 16 September, 2025
Crl.R.C..(MD).No.471 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.09.2025
CORAM
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
Crl.R.C.(MD).No.471 of 2021
K.Santhana Kumar ... Petitioner
Vs.
K.Manoharan ... Respondent
PRAYER : Criminal Revision Case has been filed under Section 397 and
401 of the Criminal Procedure Code, to call for the records relating to the
judgment passed in S.T.C.No.507 of 2013 dated 27.10.2017 on the file of
the learned Judicial Magistrate No.II, Thiruchirappalli confirmed in C.A.No.
109 of 2017 dated 25.09.2019 on the file of the 1st Additional District and
Sessions Judge (PCR), Thiruchirappalli and set aside the same and thereby
acquit the petitioner.
For Appellant : Mr.R.Ravindran
For Respondent : Mr.R.Maheswaran
Page 1 of 8
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Crl.R.C..(MD).No.471 of 2021
JUDGMENT
This Criminal Revision case has been filed to set aside the
impugned judgment dated 25.09.2019, made in C.A.No.109 of 2017 on the
file of the 1st Additional District and Sessions Judge (PCR),
Thiruchirappalli, confirming the judgment dated 27.10.2017 made in
S.T.C.No.507 of 2013 on the file fo the learned Judicial Magistrate No.II,
Thiruchirappalli.
2.The petitioner herein borrowed a sum of Rs.3,50,000/- (Rupees
Three Lakhs and Fifty Thousand Only) from the respondent and executed a
promissory note and agreed to repay the same with interest at 12% pa.
Thereafter, the petitioner has not repaid the amount. Therefore, the
respondent approached the petitioner and demanded to repay the amount.
Hence, the petitioner issued a cheque bearing No.016601 dated 07.03.2013
drawn on M/s Syndicate Bank, Golden Rock Branch, Trichy for Rs.
4,00,000/- in favour of the respondent. The respondent presented the above
said cheque for collection and the same has been returned with an
endorsement “In sufficient funds”. Therefore, the respondent issued a legal
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Crl.R.C..(MD).No.471 of 2021
notice on 05.03.2013 and the petitioner has issued a reply notice dated
20.03.2013 with false allegation. In such circumstances, the respondent
filed a complaint under Section 138 of the Negotiable Instruments Act,
before the learned Judicial Magistrate No.II, Tiruchirappalli. The learned
Judicial Magistrate No.II, has taken the complaint on file in S.T.C.No.507 of
2013.
3.Thereafter, on receipt of the summons, the petitioner appeared
and contested the case. The learned trial Judge after confirming the evidence
of P.W.1 and P.W.2 and perusing the documents Ex.P1 to Ex.P7 passed the
conviction under Section 138 of Negotiable Instruments Act and sentenced
him to undergo one year simple imprisonment and to pay a fine of Rs.
5,000/- in default to undergo three months simple imprisonment by
judgment dated 27.10.2017.
4.Aggrieved over the same, the petitioner filed the Criminal
Appeal in C.A.No.109 of 2017 on the file of the 1 st Additional District and
Sessions Court, Thiruchirappalli. The learned Appellate Judge also
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Crl.R.C..(MD).No.471 of 2021
confirmed the same. Hence, the petitioner preferred this Criminal revision
case before this Court.
5.This Court heard the learned counsel appearing for the
petitioner and the learned counsel appearing for the respondent.
6.Today (16.09.2025), when the matter was taken up for hearing,
as per the direction issued by this Court on 20.08.2025, the
petitioner/accused has been produced before this Court by the police
officials. The petitioner as well as the learned counsel for the petitioner
submitted that the petitioner has already paid a sum of Rs.75,000/- to the
credit of S.T.C.No.507 of 2013 on the file of the learned Judicial Magistrate
No.II, Thiruchirappalli, out of the cheque amount of Rs.3,50,000/- and also
willing to pay the remaining amount of Rs. 2,75,000/- in two installments.
He has also produced an undertaking letter before this Court to that effect.
The contents of the above said undertaking letter is as follows:
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Crl.R.C..(MD).No.471 of 2021
kDjhuh; jug;gpy; jhf;fy; nra;ag;gLk;
cWjpnkhop thf;F%yk; vd;dntd;why;:
ehd; vjph;kDjhuUf;F nrYj;j Ntz;ba
nrf; njhif &.350000-y; fPo; Nfhh;l;by; ehd;
nrYj;jpa &.75000 Nghf kPjpnjhif &.275000 j;jpid
,d;W Kjy; 3 khjfhyj;jpw;Fs; %d;W jtiz vjph;
kDjhuuplk; NehpNyh my;yJ mth; mf;fTz;bNyh
nrYj;jp tpLNtd; vd;W ,e;ePjpkd;wj;jpy; cWjp
$wp ,e;j cWjpnkhop thf;F%yj;jpid jhf;fy;
nra;fpNwd;.
7.In view of the above undertaking filed by the petitioner, the
offence under Section 138 of the Negotiable Instruments Act stands
compounded under Section 147 of the Negotiable Instruments Act.
8.Accordingly, the Criminal Revision Case is allowed on the
following terms:
8.1.The conviction and sentence imposed by the learned 1st
Additional District and Sessions Judge (PCR), Thiruchirappalli, confirming
the judgment dated 27.10.2017 made in S.T.C.No.507 of 2013 on the file fo
the learned Judicial Magistrate No.II, Thiruchirappalli is hereby set aside on
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Crl.R.C..(MD).No.471 of 2021
condition that the petitioner shall deposit a sum of Rs.2,75,000/- (Rupees
Two Lakhs and Seventy Five Thousands Only) to the credit of S.T.C.No.507
of 2013 on the file of the learned Judicial Magistrate No.II,
Thiruchirappalli, in three installments. The first installment amount of RS.
75,000/- (Rupees Seventy Five Thousands Only) should be deposited on or
before 13.10.2025 and the second installment amount of Rs.1,00,000/-
(Rupees One Lakh only) should be deposited on or before 14.11.2025. The
third installment amount of Rs.1,00,000/- (Rupees One Lakh only) should
be deposited on or before 15.12.2025.
8.2.In the event of failure to make the remaining amount of Rs.
2,75,000/- (Rupees Two Lakhs and Seventy Five Thousands Only) as stated
above, the conviction and sentence passed by the learned Judicial
Magistrate No.II, Thiruchirappalli in S.T.C.No.507 of 2013 dated
27.10.2017, shall be automatically restored.
8.3.Bail bond if any, executed by the accused shall stands
discharged.
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Crl.R.C..(MD).No.471 of 2021
9. List this case on 16.12.2025 under the caption for “reporting
compliance”.
16.09.2025
NCC :Yes/No
Index :Yes/No
Internet :Yes/No
sbn
To:
1.The Judicial Magistrate No.II,
Thiruchirappalli.
2.The I Additional District and Sessions Court,
Thiruchirappalli.
3.The Section Officer,
Criminal Section(Records),
Madurai Bench of Madras High Court, Madurai.
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Crl.R.C..(MD).No.471 of 2021
K.K.RAMAKRISHNAN, J.
sbn
16.09.2025
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