Madras High Court set aside the sentence of rigorous imprisonment imposed on the petitioner for cheque bounce but upheld the compensation direction, granting four months to deposit the amount.
Sentence of imprisonment set aside; compensation direction and default sentence remain; four months to deposit Rs.2,00,000.
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.
1
BAIL SLIP
Murugan, S/O.Kamatchi, was released on bail vide order dated 19.12.2013 in MP(MD) No.1 of 2013 in Crl.R.C.(MD)No.878 of 2013.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.07.2019
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.R.C.(MD)No.878 of 2013
Vs.
Manickavasagam .. Respondent/Respondent/ Complainant
Prayer : This Criminal Revision petition is filed under Sections 397 and 401 of Cr.P.C., to set aside the Judgment made in C.A.No.30 of 2013 on the file of the learned I Additional District & Sessions Judge, Tuticorin, dated 06.08.2013, confirming the Judgment of the learned Judge, Fast Track Cour(Magistrate Level), Kovilpatti, in C.C.No.282 of 2012, dated 25.02.2013 and set aside the order and allow this Revision.
ORDER
The petitioner suffered conviction for the offence under Section 138 of the Negotiable Instruments Act in C.C.No.282 of 2012 on the file of the learned Judicial Magistrate, Fast Track Court (Magisterial Level), Kovilpatti. He was sentenced to 1 year Rigorous Imprisonment and he was directed to pay a sum of Rs.2,00,000/- as compensation. The same was confirmed by the appellate Court in C.A.No.30 of 2013 on the file of the learned I Additional District Sessions Judge, Thoothukudi. The same is under challenge in this Criminal Revision.
2
Sd/-
Assistant Registrar(Records)
/TRUE COPY/
Sub Assistant Registrar
To
Fast Track Court (Magistrate Level), Kovilpatti,
+1 CC to M/s.R.VIJAYAKUMAR, Advocate ( SR-74108[F] dated 09/07/2019 )
Crl. R.C.(MD)No.878 of 2013
08.07.2019
pmu JM/07.08.2019/2P-6C
2 issues framed by the court
Whether the sentence of rigorous imprisonment imposed on the petitioner for offense under Section 138 of the Negotiable Instruments Act should be set aside.
Whether the compensation and direction to deposit the cheque amount should remain maintained after quashing the imprisonment sentence.
2 provisions across 2 enactments
Murugan
Manickavasagam
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
