N.R.Rajan v. K.Murali
Case brief
What is this about?
The High Court allowed the criminal revision challenging a conviction under Section 138 of the Negotiable Instrument Act for cheque dishonour. On the petitioners part-payment of the balance amount, the conviction and sentence were set aside on condition.
What did the court decide?
The impugned judgments were set aside and the revision allowed on condition that the petitioner pays the remaining cheque amount of Rs.3,00,000/- as a Demand Draft by 29.12.2022, with automatic restor
What the court decided
Crl.R.C.No.779 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.12.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.R.C.No.779 of 2019
N.R.Rajan .... Petitioner Vs
- K.Murali
- State rep. by its Public Prosecutor of Nilgiris District, Udhagamandalam. .... Respondent
Prayer: Criminal Revision Case filed under Section 397 read with Section 401 of the Code of Criminal Procedure, to set aside the Judgment dated 02.09.2016 passed in C.A.No.21 of 2014 on the file of the Sessions Judge of Nilgiris at Udhagamandalam, confirming the Judgment dated 05.08.2014 passed in C.C.No.183 of 2013 on the file of the Fast Track Judicial Magistrate at Coonoor.
For Petitioner : Mr.A.Bobblie For R1 : Mr.K.V.Sridharan For R2 : Mr.A.Gopinath Government Advocate (Crl.Side)
Issues for consideration
3 issues framed by the court
Whether to condone the delay in filing the criminal revision and set aside the conviction under Section 138 NI Act in light of part-payment of the cheque amount.
Whether the conviction and sentence shall be restored if the petitioner fails to pay the remaining cheque amount by the specified date.
Whether to set aside the impugned judgment and order on the condition of future payment of the remaining cheque amount.
Parties & counsel
- petitioner
N.R.Rajan
- respondent
K.Murali
- respondent
State rep. by its Public Prosecutor of Nilgiris District, Udhagamandalam
Coram
Case details
As recorded by the court registry
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