This criminal revision petition challenged the confirmation of conviction and sentence for Section 138 NI Act. The High Court set aside the imprisonment upon the petitioner undertaking to deposit compensation, modifying the lower court judgments.
Sentence of imprisonment set aside; petitioner directed to deposit Rs.65,000 as compensation within four weeks.
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.
Crl.R.C.(MD)No.450 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.10.2020
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.R.C.(MD)No.450 of 2016
Rajendran .. Petitioner/Appellant/
Accused
Vs.
N.Thangavel .. Respondent/Respondent/ Complainant
Prayer : This Criminal Revision petition is filed under Section 397 r/w. 401 of Cr.P.C., to call for the records of the learned Sessions Judge/Mahalir Neethimandram(Fast Track Mahila Court), Karur, in Crl.A.No.76 of 2015 by Judgment dated 11.03.2016, confirming the conviction and sentence imposed by the learned Judicial Magistrate, Fast Track Court at Magisterial Level, Karur, in C.C.No.558 of 2014 by the Judgment dated 15.10.2015 and set aside the Judgment of the Court below and acquit the petitioner.
For Petitioner : Mr.D.Rameshkumar
For Respondent : Mr.M.P.Senthil
ORDER
Heard the learned counsel on either side.
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Crl.R.C.(MD)No.450 of 2016
// True Copy //
/ /2020 Sub Assistant Registrar(CS)
pmu
Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
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Crl.R.C.(MD)No.450 of 2016
Copy to:
The Section Officer, Criminal Section,(Records) Madurai Bench of Madras High Court, Madurai.( 2 Copies) +1 CC to M/s.M.P. SENTHIL, Advocate ( SR-19558[F] dated 09/10/2020 ) Crl.R.C.(MD)No.450 of 2016 08.10.2020 NR (16/10/2020) 3P : 6C
08.10.2020
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1 issue framed by the court
Whether the sentence of simple imprisonment in a cheque dishonour case can be modified upon undertaking to pay compensation.
2 provisions across 2 enactments
Rajendran
N.Thangavel
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
