J.Vijayakumar v. A.Madhavan

O R D E R This Criminal Revision Case has been filed as against the Judgment passed in C.A.No.28 of 2018, dated 05.04.2021, on the file of the Additional Sessions Judge, Fast Track Mahila Court, Tiruvarur, thereby confirming the order of conviction and sentence imposed in STC No.55 of 2017, dated 31.05.2018, on the file of the Judicial Magistrate

(FTC), Thiruthuraipoondi, Tiruvarur, for the offence punishable under Section 138 of the Negotiable Instruments Act.

¶2The respondent lodged a complaint against the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act, alleging that on 20.07.2017, the petitioner borrowed a sum of Rs.2,00,000/- from the respondent. In order to repay the said amount, the petitioner issued a cheque and the same was presented for collection. However, the said cheque was returned dishonoured with an endorsement "Funds Insufficient". After causing a statutory notice, the respondent lodged a complaint and the same has been taken cognizance by the Trial Court.

¶3In order to prove the case, the complainant had examined P.W.1 and marked Exs.P1 to P5. On the side of the petitioner, no witnesses were examined and no documents were marked.

¶4On perusal of the oral and documentary evidence, the Trial Court found the petitioner guilty of the offence under Section 138 of the Negotiable Instruments Act and sentenced him to undergo six months simple imprisonment and also directed him to pay the cheque amount as compensation to the respondent. Aggrieved by the same, the petitioner preferred an appeal and the same was also dismissed and confirmed the order of conviction and sentence imposed by the Trial Court. Hence, the present revision case has been filed.

¶5The learned counsel appearing for the petitioner submitted that out of the total cheque amount of Rs.2,00,000/-, the petitioner has already paid a sum of Rs.1,00,000/- and she sought further time to settle the remaining amount.

¶6In view of the above said submission, the order of conviction and sentence imposed by the Trial Court and confirmed by the Appellate Court is hereby set aside. The petitioner is acquitted on condition that the petitioner shall pay the remaining cheque amount of Rs.1,00,000/- on or before 29.04.2026, failing which, the order of conviction and sentence imposed by the Trial Court and confirmed by the Appellant Court shall stand automatically restored. Failing which, the respondent is at liberty to secure the petitioner to undergo the remaining period of sentence in accordance with law.

¶7In the result, this Criminal Revision Case stands allowed.

18.03.2026 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To

1.The Additional Sessions Judge, Fast Track Mahila Court, Tiruvarur,

2.The Judicial Magistrate (FTC), Thiruthuraipoondi, Tiruvarur

G.K.ILANTHIRAIYAN, J. Lpp

18.03.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.03.2026 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN J.Vijayakumar .... Petitioner Vs A.Madhavan .... Respondent PRAYER: Criminal Revision Case is filed under Section 397 r/w 401 of Code of Criminal Procedure, to set aside the judgment of dismissal passed in C.A.No.28 of 2018 dated 05.04.2021 by the learned Additional Sessions Judge, Fast Track Mahila Court, Tiruvarur as well as the Judgment of conviction passed in STC No.55 of 2017 by the learned Judicial Magistrate (FTC), Thiruthuraipoondi, Tiruvarur District, dated 31.05.2018 by allowing the criminal revision petition. For Petitioner : M/s.Hemalatha for Mr.Vijayaraghavan For Respondent : Mr.Yuvaraj for Mr.Swami Subramani