High Court · 2025

IN THE HIGH COURT OF JUDICATURE AT MADRASDated : 07.11.2025Coram:The Honourable Mrs.Justice T.V.THAMILSELVICrl.R.C.No.2286 of 2025and Crl.M.P.Nos.20804 & 20805 of 2025S.Sreejith ...PetitionerVersusManikandan ...RespondentThis Criminal Revision Case is filed under Section 397 r/w. 401 of Cr.P.C praying to call for the records and set aside the Judgment dated 02.09.2025 in Crl.A.No.87 of 2025 passed by the learned 1st Additional District and Sessions Judge, Coimbatore which have confirmed the order of conviction passed in C.C.No.73 of 2022 dated 27.12.2024 passed by the learned Judicial Magistrate Fast Track Court at Magisterial Level – II.For Petitioner:Mr.M.Selvam1/9 https://www.mhc.tn.gov.in/judis ORDERThis Civil Revision Case has been filed by the petitioner/accused seeking to set aside the Judgment dated 02.09.2025 in Crl.A.No.87 of 2025 passed by the learned 1st Additional District and Sessions Judge, Coimbatore which has confirmed the Judgment dated 27.12.2024 in C.C.No.73 of 2022 passed by the learned Judicial Magistrate, Fast Track Court (Magisterial Level – II), Coimbatore.2. The brief facts of the case are that petitioner/accused had obtained a sum of Rs.6,00,000/- as loan from the respondent/complainant on 30.07.2020. While obtaining the said loan, petitioner/accused promised the respondent/complainant that he would repay the loan amount with 12% interest per annum, within a period of six months from the date of borrowal. That apart, at the time of availing the loan, petitioner/accused had executed a promissory note in favour of respondent/complainant. After repeated requests made by the respondent/complainant, petitioner/accused had issued a Cheque bearing No.000034 dated 19.07.2021 for a sum of Rs.6,00,000/- to the respondent/complainant. When the respondent/complainant presented the said cheque for encashment, the same was returned unpaid for the 2/9 https://www.mhc.tn.gov.in/judis reason, “Funds Insufficient” on 20.07.2021, pursuant to which, respondent/complainant had issued a Legal Notice dated 29.07.2021 to petitioner/accused calling upon the petitioner/accused to pay the cheque amount, but, even after the receipt of said legal notice, petitioner/accused did not come forward to repay the cheque amount. Therefore, respondent/complainant had preferred a complaint against the petitioner/accused for the offence under Section 138 of the Negotiable Instruments Act, 1881. The Judicial Magistrate, Fast Track Court (Magisterial Level – II), Coimbatore had taken the said complaint on file in C.C.No.73 of 2022.3. Before the Trial Court, on the side of complainant, respondent/complainant examined himself as P.W.1 and 4 documents were marked as Exs.P1 to P4. On the side of accused, no witnesses were examined and no exhibits were marked.4. On appreciation of the oral and documentary evidence, Trial Court had held that petitioner/accused is found guilty under Section 255(2) of Cr.P.C for the offence under Section 138 of Negotiable Instruments Act. 3/9 https://www.mhc.tn.gov.in/judis Therefore, the Trial Court vide Judgment dated 27.12.2024 in C.C.No.73 of 2022, convicted the petitioner/accused and sentenced him to undergo 6 months simple imprisonment and to pay a sum of Rs.6,00,000/- as compensation to respondent/complainant, in default, to undergo 1 month simple imprisonment. 5. Aggrieved by the aforesaid judgment of Trial Court, petitioner/accused had preferred Criminal Appeal No.87 of 2025 before the I Additional District and Sessions Court, Coimbatore. However, Appellate Court vide Judgment dated 02.09.2025, dismissed the said Criminal Appeal by confirming the judgment of the Trial Court. Hence, petitioner/accused has filed this Criminal Revision Case for the relief stated supra.6. The learned counsel for petitioner/accused submitted that petitioner/accused had never borrowed any amount from the respondent/complainant. There is no legally enforceable liability or debt exist between the petitioner/accused and respondent/complainant. 4/9 https://www.mhc.tn.gov.in/judis

6.1. It is further submitted by the learned counsel for petitioner/accused that the Appellate Court has erred in holding that the petitioner/accused has not discharged the burden of rebuttal to the presumption which has arisen in favour of respondent/complainant.6.2. The learned counsel for petitioner/accused also submitted that Trial Court had failed to scrutinize the evidence of P.W.1 properly. The petitioner/accused was not given any opportunity to cross examine P.W.1 (respondent/complainant). The learned Trial Judge has passed the judgment of conviction and sentence against the petitioner/accused under presumption only. Therefore, learned counsel prayed that judgment of the Appellate Court which has confirmed the judgment of conviction and sentence passed by the Trial Court may be set aside.7. Heard the learned counsel for petitioner/accused and perused the materials available on record.8. As far as this case is concerned, petitioner/accused had borrowed a sum of Rs.6,00,000/- from respondent/complainant. However, after the 5/9 https://www.mhc.tn.gov.in/judis receipt of said loan, when respondent/complainant repeatedly requested the petitioner/accused to repay the loan amount, petitioner/accused had issued a cheque for a sum of Rs.6,00,000/- to the respondent/complainant. When the respondent/complainant presented the said cheque for encashment, the same was returned unpaid for the reason, “Funds Insufficient”. Hence, respondent/complainant had issued a Legal Notice to petitioner/accused for repayment of loan, but, petitioner/accused did not come forward to repay the loan amount. This necessitated the respondent/complainant to lodge a complaint against the petitioner/accused.9. The Trial Court had convicted the petitioner/accused and sentenced him to undergo 6 months simple imprisonment and to pay a sum of Rs.6,00,000/- as compensation to respondent/complainant, in default, to undergo 1 month simple imprisonment, for commission of offence under Section 138 of N.I.Act. The Appellate Court has also confirmed the judgment of the Trial Court.10. According to the petitioner/accused, there is no legally enforceable liability or debt exist between him and respondent/complainant. 6/9 https://www.mhc.tn.gov.in/judis Further, learned Trial Judge has passed the judgment of conviction and sentence against the petitioner/accused only under presumption. That apart, petitioner/accused was not given any opportunity to cross examine P.W.1 (respondent/complainant).11. Considering the above facts and circumstances of the case and having regard to the submissions made by the learned counsel for petitioner/accused, this Court is inclined to set aside the judgment of the Trial Court subject to certain condition.12. Accordingly, Judgment dated 27.12.2024 in C.C.No.73 of 2022 passed by the learned Judicial Magistrate, Fast Track Court (Magisterial Level – II), Coimbatore is set aside on condition that petitioner/accused shall deposit a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) to the credit of C.C.No.73 of 2022 on the file of learned Judicial Magistrate, Fast Track Court (Magisterial Level – II), Coimbatore, within a period of four weeks from the date of receipt of a copy of this order. On such deposit being made, the Trial Court shall permit the petitioner/accused to cross examine P.W.1 (respondent/complainant) and thereafter, pass fresh orders in 7/9 https://www.mhc.tn.gov.in/judis the case in C.C.No.73 of 2022, on merits and in accordance with law, within a period of six months.13. It is made clear that if the petitioner/accused fails to deposit the aforesaid amount within a time stipulated by this Court, Judgment dated 27.12.2024 in C.C.No.73 of 2022 passed by the learned Judicial Magistrate, Fast Track Court (Magisterial Level – II), Coimbatore shall stand restored.14. In the result, this Criminal Revision Case is disposed of with the above directions. Consequently, connected Miscellaneous Petitions are closed.07.11.2025mrr Index: Yes/NoSpeaking Order (or) Non-Speaking OrderTo1.1st Additional District and Sessions Judge, Coimbatore.2.The Judicial Magistrate, Fast Track Court (Magisterial Level – II), Coimbatore.3.The Public Prosecutor, High Court, Madras. 8/9 https://www.mhc.tn.gov.in/judis T.V.THAMILSELVI, J.mrrCrl.R.C.No.2286 of 202507.11.20259/9