N.S.Malathi Vs R.Tamilselvi — Cheque Dishonour | Madras HC (2025)

N.S.Malathi Vs R.Tamilselvi — Cheque Dishonour | Madras HC (2025)

What the court decided

AI extract

Outcome

Criminal Revision allowed; conviction and sentence (trial judgment 19.06.2023, confirmed 05.03.2025) set aside; petitioner acquitted of all charges in STC No.1370 of 2017; respondent permitted to withdraw the petitioner's deposits from the trial court's credit with accrued interest, if any, without notice to the petitioner; bail bonds, if any executed, cancelled.

Issue for consideration

Whether the conviction and sentence imposed by the trial court in STC No.1370 of 2017 and confirmed by the appellate court should be set aside, given that the petitioner, on suspension of sentence, deposited the balance cheque amount (Rs.2,80,000/-) and produced acknowledgment of its receipt by the respondent.

Court's answer

Because the petitioner paid the entire cheque amount after deducting the sum already deposited to the trial court's credit and produced the respondent's acknowledgment of receipt, the conviction and sentence imposed by the trial court and confirmed by the appellate court were held liable to be set aside and were set aside.

Ratio / Principle

The respondent was declared at liberty to withdraw, by proper application, the amounts already deposited by the petitioner to the credit of STC No.1370 of 2017, and the trial court was directed to permit such withdrawal with accrued interest, if any, without ordering notice to the petitioner.

Key takeaways

With the Criminal Revision allowed, the petitioner (styled 'appellant' in the order) was acquitted of all charges in STC No.1370 of 2017 before the Judicial Magistrate No.I, Gobichettipalayam, and any bail bonds executed were ordered cancelled.ratio¶25

Detailed headnote1 paragraphs

Crl.R.C.No.601 of 2025 (MADRAS HC, 15.07.2025) - G.K. ILANTHIRAIYAN, J. - Section 138 of Negotiable Instruments Act - Revision under Sections 438 r/w 442 of BNSS, 2023 by N.S.Malathi, accused in the respondent's cheque-dishonour complaint tried in STC No.1370 of 2017 (Judicial Magistrate No.I, Gobichettipalayam; judgment 19.06.2023), whose conviction was confirmed by the judgment dated 05.03.2025 in C.A.No.230 of 2023 (III Additional District and Sessions Judge, Gobichettipalayam; styled C.C.No.230 of 2023 in the body). Having, on suspension of sentence, deposited the balance cheque amount of Rs.2,80,000/- and produced the respondent's acknowledgment of receipt, and with the respondent unrepresented despite service of court and private notice, the Court held the trial-court conviction and sentence, as confirmed, 'liable to be set aside' and set them aside; allowed the revision; acquitted the petitioner of all charges in STC No.1370 of 2017; permitted the respondent to withdraw the deposited sums, with accrued interest, if any, by proper application without notice to the petitioner; and ordered cancellation of bail bonds, if any executed.

Crl.R.C.No.601 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

Crl.R.C.No.601 of 2025

N.S.Malathi ... Petitioner

Vs

R.Tamilselvi ... Respondent

PRAYER: Criminal Revision Case is filed under Sections 438 r/w 442 of BNSS, 2023 to set aside the conviction imposed in the Judgment dated 05.03.2025 made in C.A.No.230 of 2023 on the file of the learned III Additional District and Sessions Judge, Gobichettipalayam, confirming the judgment dated 19.06.2023 made in STC No.1370 of 2017 on the file of the learned Judicial Magistrate, No.I, Gobichettipalayam.

For Petitioner : Mr.N.Manoharan

For Respondent : No appearance

O R D E R

This Revision has been filed as against the Judgment passed in C.C.No.230 of 2023 on the file of the learned III Additional District and Sessions Judge, Gobichettipalayam dated 05.03.2025 thereby confirming the order of conviction and sentence imposed by the trial court dated 19.06.2023

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Crl.R.C.No.601 of 2025

passed in STC No.1370 of 2017 on the file of learned Judicial Magistrate No.I, Gobichettipalayam for the offence punishable under Section 138 of Negotiable Instruments Act.

2. Heard the learned counsel appearing for the petitioner and perused the documents placed on record.

The petitioner is an accused in the complaint lodged by the respondent for offence punishable under Section 138 of Negotiable Instruments Act and the same was confirmed by the appellate Court. While suspending the sentence, this Court, directed the petitioner to deposit entire cheque amount after deducting the amount, which was already deposited to the credit of the trial court in STC No.1370 of 2017. Accordingly, now the petitioner had paid a sum of Rs.2,80,000/-, i.e., the entire cheque amount after deducting the amount, which was deposited to the credit of the trial court. The petitioner has also produced acknowledgment for the receipt of the amount by the respondent. Though notice sent through court as well as privately to the respondent was served and name has been printed in the cause list, there is no representation for the respondent, either through learned counsel or in-person.

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Crl.R.C.No.601 of 2025

4. In view of the above, the conviction and sentence imposed by the trial court and confirmed by the appellate court is liable to be set aside. Accordingly, the same is set aside. It is made clear that the respondent is at liberty to withdraw the amount, which was already deposited by the petitioner from the credit of STC No.1370 of 2017 by way of proper application and the trial court is directed to permit the respondent to withdraw the amount, with accrued interest, if any, which was deposited by the petitioner without ordering notice to the petitioner.

5. Accordingly, the present Criminal Revision is allowed. The appellant is acquitted of all charges in STC No.1370 of 2017 on the file of the learned Judicial Magistrate No.I, Gobichettipalayam. The bail bonds, if any executed, shall stand cancelled.

15.07.2025

Index : Yes/No; Neutral citation : Yes/No Speaking/non-speaking order ssd

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Crl.R.C.No.601 of 2025

G.K.ILANTHIRAIYAN, J.

ssd

To

1. The III Additional District and Sessions Judge, Gobichettipalayam

2. The Judicial Magistrate No.I, Gobichettipalayam

The Public Prosecutor, Madras High Court, Chennai.

Crl.R.C.No. 601 of 2025

15.07.2025

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