High Court allowed criminal revision partly. Conviction upheld on cheque dishonour. Sentence remitted to fine amount as unpaid portion paid by accused. Bail bond vacated.
Revision allowed in part. Sentence modified to cheque amount. Revision petition set at liberty. Bail bond stands vacated.
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 Balthadayuthan S/o. Mahalingam was released on bail vide order dated 12/01/2015 in M.P 1/2015 in Crl.R.C.No.23 of 2015.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
Crl.R.C.No.23 of 2015
Balathandayutham ...Petitioner
.. Vs ..
L.Sakthivel ...Respondent
Prayer :- Criminal Revision filed under 397 and 401 of the Criminal Procedure Code, to call for the records pertaining to the order dated 28.01.2014 in C.A.No.39 of 2013 on the file of the Principal Sessions Judge, Namakkal by confirming the judgment and conviction dated 23.08.2013 on the file of learned Judicial Magistrate-FTC, Tiruchengodu in S.T.C.No.22/13 and set aside the same.
For Petitioner : Mr.S.Sairaman For Respondent : Mr.R.Marudhachalamurthy
O R D E R
The respondent herein filed S.T.C.No.22/2013 before the learned Judicial Magistrate, Fast Track Court, Tiruchengode alleging that on 01.09.2012 the accused had borrowed a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) from the complainant and to discharge the same, the accused on 11.09.2012 issued a cheque in favour of the complainant bearing Cheque No.013744 drawn on Indian Bank, Kumbakonam and the accused filled up the cheque in front of the complainant and signed and given to the complainant and the complainant presented the same for collection on 11.09.2012 through his Bank, Indian Overseas Bank, Periyamanali Branch and the same was returned to the complainant on 12.10.2012 as "Funds Insufficient" and then the complainant issued a Registered Legal Notice to accused on 03.11.2012 and the same was received by the accused but the
accused neither paid the amount nor send any reply. Hence, the complaint.
revision petitioner herein and also convicted sentence to undergo 3 months imprisonment that with fine of Rs.5,000/-. The Lower Appellate Court in C.A.No.39/2013 has confirmed the conviction and sentence and hence the revision petition.
s/d-
Assistant Registrar(CS VIII)
True Copy
Sub-Assistant Registrar
nvi
To
RLD(CO) LS(22/07/2021)
2 issues framed by the court
Whether the sentence should be modified considering the payment of the entire cheque amount by the accused.
Whether the bail bond should be vacated upon satisfaction of the fine by way of payment.
2 provisions across 2 enactments
Balathandayutham
L. Sakthivel
RMT. TEEKAA RAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
