High Court · 2024

Crl.R.C.No.868 of 2019IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 01.04.2024CORAMTHE HONOURABLE MRS. JUSTICE R. HEMALATHACrl.R.C.No.868 of 2019A.Rajasekar ... PetitionerVs.Sivabalan ... RespondentPrayer : Criminal Revision Case filed under Section 397 r/w. 401 of Criminal Procedure Code, to set aside the Judgment and conviction in C.A.No.284 of 2017 on the file of the I Additional District and Sessions Judge, Erode, dated 01.07.2019, confirming the Judgment and conviction passed in S.T.C.No.281 of 2016 on the file of the Judicial Magistrate, Fast Track No.1, Erode, dated 06.10.2017.For Petitioner : Mr.C.S.SaravananFor Respondent : No appearanceORDERChallenging the Judgment and order, dated 01.07.2019 passed in C.A.No.284 of 2017 by the learned I Additional District and Sessions Judge, Erode, the present Criminal Revision is filed by the petitioner/Accused.Page 1 of 9 https://www.mhc.tn.gov.in/judis Crl.R.C.No.868 of 20192. There is no representation for the Respondent/complainant.3. For the sake of convenience, the parties are referred to as per the ranking in the trial Court.4.The respondent/complainant filed a private complaint against the present revision petitioner under Section 200 Cr.P.C., in S.T.C.No.281/2016 before the Judicial Magistrate, Fast Track No.1, Erode for an offence punishable under Section 138 of the Negotiable Instruments Act. 5. The case of the complainant in a nutshell is as follows:The accused borrowed a sum of Rs.2,50,000/- from the complainant on 08.04.2016 for his urgent expenses. In order to discharge liability, the accused issued a cheque bearing No.364489 dated 08.07.2016 (Ex.P1) drawn on IDBI Bank, Erode Branch to the complainant. When the cheque was presented for collection by the Page 2 of 9 https://www.mhc.tn.gov.in/judis Crl.R.C.No.868 of 2019complainant through his banker viz., Karur Vysya Bank, Sampath Nagar Branch, Erode on 18.07.2016, the cheque was returned (Ex.P2) as 'Account blocked due to insufficient funds'. Thereafter, the complainant issued a statutory notice, dated 30.07.2016 (Ex.P3) to the accused, calling upon the latter to pay the amount due under the cheque within fifteen days. Though the accused received the said notice as is evidenced from the postal acknowledgment card (Ex.P3), he did not come forward to make good the payment and did not also send any reply notice. Therefore, the complainant filed a private complaint in S.T.C.No.281/2016 on the file of the learned Judicial Magistrate, Fast Track No.1, Erode. The learned Judicial Magistrate took cognizance of the offence, issued summons to the revision petitioner / accused under Section 204 Cr.P.C. On appearance of the accused, copies of records were furnished to him under Section 207 Cr.P.C., When the accused was questioned with regard to the substance of accusation levelled against him, he pleaded not guilty and the case was posted for trial. Page 3 of 9 https://www.mhc.tn.gov.in/judis Crl.R.C.No.868 of 20196. In the trial Court, the respondent / complainant examined himself as P.W1 and marked Ex.P1 to Ex.P7. When the accused was questioned with regard to the incriminating circumstances appearing in evidence against him under Section 313 (i) (b) Cr.P.C, he denied of having committed any offence. The accused examined one Annadurai as D.W.1. No documentary evidence was adduced on his side.7. After analysing the evidence on record, the learned Judicial Magistrate, Fast track Court No.1, Erode found the accused guilty of the offence punishable under Section 138 of the Negotiable Instruments Act, convicted and sentenced him to undergo simple imprisonment for a period of six months and also to pay a sum of Rs.2,50,000/- towards compensation to the complainant under Section 357 (3) Cr.P.C., in default to undergo Simple Imprisonment for one month.8. Aggrieved over the same, the revision petitioner/accused filed an appeal in C.A.No.284 of 2017 before the I Additional District and Sessions Judge, Erode. The learned I Additional District and Page 4 of 9 https://www.mhc.tn.gov.in/judis Crl.R.C.No.868 of 2019Sessions Judge, Erode, vide his Judgment dated 01.07.2019 dismissed the appeal, confirming the conviction and sentence passed by the trial court, aggrieved over which, the present revision is filed. 9. Heard Mr.C.S.Saravanan, learned counsel for the petitioner and perused the materials available on record.10. It is seen from the records that the accused had never denied his signature on the cheque (Ex.P1). According to the accused, he borrowed only a sum of Rs.25,000/- from the complainant and subsequently repaid the same. 11. When the signature on the cheque is admitted by the accused, there is a presumption under Section 118 of the Negotiable Instruments Act unless the contrary is proved. In the instant case, the accused did not adduce any acceptable evidence to show that he borrowed only a sum of Rs.25,000/- from the complainant and repaid the same to him. Moreover, when the accused was questioned under Section Page 5 of 9 https://www.mhc.tn.gov.in/judis Crl.R.C.No.868 of 2019313 Cr.P.C., he did not specifically state this. All his answers to the questions posed to him under Section 313 Cr.P.C., were of simple denial. Both the Courts below had concurrently held that the complainant had sufficient income to lend a sum of Rs.2,50,000/- and the accused issued a cheque (Ex.P1). 12. Both the Courts below had analysed the oral and documentary evidence in the right perspective and by no stretch of imagination, the same can be termed as perverse. It is appropriate to note that this Court while exercising its revisional jurisdiction under Section 397 Cr.P.C cannot act as a second appellate court and thus cannot interfere with the findings recorded by both the courts below.13. It is also pertinent to note that this Court, at the time of granting suspension of sentence, directed the accused to pay a sum of Rs,1,25,000/- to the complainant and till date he did not comply with the same.Page 6 of 9 https://www.mhc.tn.gov.in/judis Crl.R.C.No.868 of 201914. In the result, i.the Criminal Revision Case is dismissed.i.the Judgment dated 01.07.2019 in C.A.No.284 of 2017 passed by I Additional District and Sessions Judge, Erode, and the Judgment dated 06.10.2017 in S.T.C.No.281 of 2016 passed by the Judicial Magistrate, Fast Track No.1, Erode, are confirmed.ii.The accused is directed to surrender before the trial Court viz., Judicial Magistrate, Fast Track No.1, Erode, within fifteen days from the date of receipt of a copy of this order, failing which, the trial Court shall take necessary steps to secure the presence of the accused to serve the remaining period of sentence. 01.04.2024Index: Yes/NoSpeaking/Non-Speaking ordervumTo1.The I Additional District and Sessions Judge, Erode. Page 7 of 9 https://www.mhc.tn.gov.in/judis Crl.R.C.No.868 of 20192.The Judicial Magistrate, Fast Track No.1, Erode. R. HEMALATHA, J.vumCrl.R.C.No.868 of 2019Page 8 of 9 https://www.mhc.tn.gov.in/judis Crl.R.C.No.868 of 201901.04.2024Page 9 of 9