Madras High Court
T.Mohan Kumar vs R.Ashok Kumar on 26 September, 2022
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.RC.No.352 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.09.2022
CORAM:
THE HON'BLE Mr.JUSTICE G.K.ILANTHIRAIYAN
Crl.R.C.No.352 of 2018
and
Crl.M.P.Nos. 4379 and 4380 of 2018
T.Mohan Kumar ... Petitioner
Vs
R.Ashok Kumar
Represented by Power of Attorney
Jafar Ali. ... Respondent
Prayer : Criminal Revision filed under Sections 397 and 401 Cr.P.C.,
praying to call for the records and set aside the conviction and sentence passed
in C.A.No.74 of 2017 on the file of the II Additional District and Sessions
Judge, Erode, reversing against the order passed in STC No.459 of 2013 on
the file of the Judicial Magistrate, Fast Track Court No.II, Erode.
For Petitioner : Ms.S.Femy
for Mr.C.Rajan
For Respondent : Mr.V.Kathirvelu
***
ORDER
This Criminal Revision Case is arising out of the Judgment passed in Criminal Appeal No.74 of 2017 on the file of the II Additional District and https://www.mhc.tn.gov.in/judis Crl.RC.No.352 of 2018 Sessions Judge, Erode, thereby reversing the findings of the Trial Court in STC No.459 of 2013 on the file of the Judicial Magistrate, Fast Track Court No.II, Erode, thereby dismissed the complaint filed for the offence punishable under Section 138 of Negotiable Instrument Act.
2. The petitioner is an accused and the respondent is the complainant. The petitioner borrowed a sum of Rs.23,00,000/- from the respondent and in order to repay the said amount, he issued a cheque. When, the said cheque was presented for collection, the same was returned for the reason 'Insufficient fund'. After causing statutory notice, the respondent filed a complaint for the offence punishable under Section 138 of Negotiable Instrument Act.
3. The respondent had examined P.Ws. 1 to 3 and marked Exs.P1 to P6. On the side of the petitioner, no one was examined and marked Exs.D1 to D5.
4. On perusal of the oral and documentary evidence, the Trial Court found that the respondent failed to prove his case and dismissed the complaint. Aggrieved by the same, the respondent filed an appeal. The Appellate Court found the petitioner guilty and sentenced him to undergo six months simple https://www.mhc.tn.gov.in/judis Crl.RC.No.352 of 2018 imprisonment and to pay a fine of Rs.10,000/- in default on payment of fine to undergo for a further period of one month. Aggrieved by the same, this Revision has been filed before this Court.
5. It is pertaining to note that when the revision was posted for hearing on 20.03.2018, at the request of the revision petitioner, it was adjourned to 02.04.2018. Thereafter, it was not listed and the petitioner also did not take any steps to list the matter 'for admission' and it is pending for four years, without even admission. The petitioner also failed to surrender before the Court below and no fine amount was also paid. The Non Bailable Warrant was pending as against the petitioner in the First Appellate Court.
6. A perusal of the records reveals that the petitioner had taken specific stand that the cheque was not issued for legally enforceable debt and the complaint itself is false one. However, on receipt of the notice under Section 138 of Negotiable Instrument Act, the petitioner failed to reply, denying the averments made in the notice. In support of his contention the petitioner also did not examine any witness. Further, the petitioner never denied his signature in the cheque. He also admitted the receipt of the legal notice. Therefore, the complainant clearly proved his case and the First Appellate Court has rightly https://www.mhc.tn.gov.in/judis Crl.RC.No.352 of 2018 convicted the petitioner.
7. In view of the above, this Court finds no infirmity or illegality in the order passed by the First Appellate Court. Accordingly, this Criminal Revision Case is dismissed. Consequently, connected miscellaneous petitions are closed.
26.09.2022 Index: Yes/No Speaking / Non Speaking Order Lpp To
1. The II Additional District and Sessions Judge, Erode.
2. The Judicial Magistrate, Fast Track Court No.II, Erode.
https://www.mhc.tn.gov.in/judis Crl.RC.No.352 of 2018 G.K.ILANTHIRAIYAN, J Lpp Crl.R.C.No.352 of 2018 and Crl.M.P.Nos. 4379 and 4380 of 2018 26.09.2022 https://www.mhc.tn.gov.in/judis