This is a Criminal Revision under CrPC 397/401 to challenge conviction and sentence for cheque dishonour under Section 138 of NI Act. The High Court dismissed the revision, holding that the lower courts correctly found the cheques were issued to discharge a loan. No error was manifest.
Criminal Revision dismissed; conviction and sentence confirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Bail Slip
The Petitioner/Accused namely (A1) 1.Gowrishankar S/o V.Ramalingam, (A2)R.Thangaraj S/o V.Ramalingam, (A3) R. Satheesh Kumar S/o V.Ramalingam were directed to be released on bail by the order of this court dated 05.01.2011 and made in Crl.M.P. No. 2/11 in Crl.R.C. No. 36/11.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
CORAM
THE HONOURABLE MR. JUSTICE R.PONGIAPPAN
Crl.R.C.No.36 of 2011
1.Gowrishankar 2.R.Thangaraj 3.R.Sateeshkumar
..Petitioners/Accused 1 to 3
versus
N.Muralidharan
.. Respondent/Complainant
Prayer: Criminal Revision Petition is filed under Section 397 r/w 401 of the Code of Criminal Procedure, to call for the entire records in so far relates to order passed by Additional District and Sessions Court/FTC-II, Salem, Salem District in C.A.No.55/2009, dated 22.10.2010 whereby confirming the order passed in C.C.No.184/2008, dated 29.06.2009 on the file of Judicial Magistrate-V, Salem, Salem District and set aside the same.
The revision petitioners are the accused nos.1 to 3 in C.C.No.184 of 2008 on the file of the learned Judicial Magistrate No.V, Salem. In the said Court, the respondent in this revision petition had filed a private complaint against these petitioners under Section 138 of the Negotiable Instruments Act.
confirmed the sentence awarded by the learned Magistrate.
s/dAssistant Registrar
True Copy
Sub-Assistant Registrar
sri
To
Crl.R.C.No.36 of 2011
VGII(CO) SP(11/05/2018)
2 issues framed by the court
Whether the concurrent findings of fact on the issuance of cheques for loan discharge and subsequent non-payment warrant interference in criminal revision.
Whether the appeal by the accused challenging conviction and sentence under Section 138 was correctly dismissed.
4 provisions across 2 enactments
1.Gowrishankar 2.R.Thangaraj 3.R.Sateeshkumar
N.Muralidharan
R. Pongigappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
