Vanaja v. Raja

Crl.R.C. No. 1054 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 19.10.2024CORAMTHE HON’BLE MR. JUSTICE M. NIRMALKUMARCRIMINAL REVISION CASE No. 1054 of 2024 Vanaja ..PetitionerVs.Raja..RespondentPrayer: Criminal Revision Petition under Section 397 r/w 401 Cr.P.C. to set aside the judgment dated 15.03.2019 passed in Crl.A.No. 12 of 2017 by the learned Additional Sessions Judge (Fast Track Mahila Court), Thiruvarur modifying the judgment dated 09.02.2017 passed in S.T.C. No. 1161 of 2013 by the learned Judicial Magistrate No.1, Mannargudi. For Petitioner::Mr.D. VeerasekaranFor Respondent::No AppearanceO R D E RThe petitioner as complainant had filed a private complaint against the respondent under Section 138 of Negotiable Instruments Act, which was taken on file by the Trial Court in S.T.C. No. 1161 of 2013. By judgment 1\3 https://www.mhc.tn.gov.in/judis Crl.R.C. No. 1054 of 2024dated 09.02.2017, the Trial Court convicted the respondent and sentenced him to 2 years simple imprisonment and directed him to pay Rs.7,50,000/-, being the cheque amount as compensation. Aggrieved against the said judgment, the respondent filed an appeal in Criminal Appeal No. 12 of 2017 before the Sessions Court, Thiruvarur and the learned Sessions Judge, by judgment dated 15.03.2019, while confirming the conviction, modified the sentence imposed from 2 years simple imprisonment to 11 months and also set aside the compensation amount of Rs.7,50,000/-. Aggrieved by the said judgment, the present revision has been filed by the petitioner/complainant.

In the meanwhile, it is brought to the notice of this Court that the respondent had filed a revision in Crl.R.C. No. 425 of 2019 challenging the order passed in Criminal Appeal No. 12 of 2017 and this Court, by order dated 02.08.2024 dismissed the said revision confirming the judgment of the Trial Court thereby restoring the original sentence of 2 years simple imprisonment imposed on the respondent/accused and also the payment of compensation amount of Rs.7,50,000/-. Further, this Court had given a 2\3 https://www.mhc.tn.gov.in/judis Crl.R.C. No. 1054 of 2024direction to learned Judicial Magistrate No.1, Mannargudi to execute the warrant and issue direction to the Police to secure the respondent/accused.