Dismissed¶¶22

N.P.Srinivasan v. K.Murthy

Madras HC19 Jun 2025CRL A/817/2011

Case brief

AI extract

What is this about?

CRL A No. 817 of 2011, Madras HC, decided 19-06-2025 by D. Bharatha Chakravarthy J.; appeal under S.378(4) CrPC against acquittal under S.138 NI Act (JM No.IV Vellore, C.C.No.398 of 2007, judgment 18.10.2011); appellant N.P.Srinivasan's counsel reported no instructions; trial court found material alteration of cheque date on a cheque whose validity had expired within six months; acquittal upheld, appeal dismissed.

What did the court decide?

Since the trial court, after due appreciation of facts, found a material alteration of the cheque date which had rendered the cheque invalid and acquitted the accused on that score, there was nothing for this Court to upturn such a finding of acquittal; finding no merits, the appeal stands dismissed. ¶¶22

N.P.Srinivasan Vs K.Murthy — Cheque Dishonour | Madras HC (2025)

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CRL A No. 817 of 2011

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 19-06-2025

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CORAM

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THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

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Criminal Appeal No. 817 of 2011

N.P.Srinivasan

... Appellant

K.Murthy

... Respondent

PRAYER

Criminal Appeal under Section 378(4) of the Criminal Procedure Code against the judgment dated 18.10.2011 in C.C.No.398 of 2007 on the file of the Judicial Magistrate No.IV, Vellore.

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For Appellant(s): Mr.P.Chandrasekar For Respondent(s): Mr.E.Kannadasan Mr.D.Dayalan

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ORDER

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Today when the matter is taken up for hearing Mr.P.Chandrasekar, learned counsel for the appellant reported no instructions. He also placed a memo to that effect, wherein it is stated that, even after sending a registered letter, there is no response from the appellant. The same is recorded.

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https://www.mhc.tn.gov.in/judis

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CRL A No. 817 of 2011

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The appeal is filed against the judgment of the learned Judicial Magistrate No.IV, Vellore dated 18.10.2011 made in C.C.No.398 of 2007. By the said judgment, the respondent/accused is acquitted for an offence under Section 138 of the Negotiable Instruments Act.

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On a perusal of the order and upon hearing the learned counsel for the respondent, it can be seen that the trial Court considered that there is a material alteration with reference to the date of the cheque and found that the material alteration was made to make the cheque valid, while the validity of the cheque expired within a period of six months and therefore, on that basis had acquitted the respondent / accused among other grounds.

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When the Trial Court after due appreciation of facts has come to the conclusion that there is material alteration with reference to the date of the cheque, which has already become invalid and on that score, has acquitted the respondent, there is nothing for this Court to upturn such a finding of acquittal. Accordingly, finding no merits, this appeal stands dismissed.

19-06-2025

KST

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https://www.mhc.tn.gov.in/judis

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CRL A No. 817 of 2011

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Neutral Citation:Yes/No