S.K.D.Exports v. M.K.Tex

Madras HC8 Apr 2025CRL RC/679/2022

Case brief

AI extract

What is this about?

Crl.RC.No.679 of 2022; S.K.D.Exports and SPN Kanagaraj v. M/s.M.K.Tex (Karthikeyan); cheque amount Rs.10,29,198/- paid (Rs.5,20,000/- UPI + Rs.5,10,000/- cash); liability discharged and undisputed; conviction in STC.No.8 of 2017 dated 26.02.2021 (six months simple imprisonment plus cheque amount) set aside; confirmation in CA.No.21 of 2021 dated 21.04.2022; acquittal from all charges; Section 147 Negotiable Instruments Act petition not signed by respondent; Section 397 r/w.401 Criminal Procedure Code; Tiruppur; M. Nirmal Kumar J.; decided 08.04.2025.

What did the court decide?

Conviction and sentence set aside; petitioner acquitted from all the charges levelled against him. ¶¶25

S.K.D.Exports Vs M.K.Tex — Cheque Dishonour | Madras HC (2025)

What the court decided

AI extract

Outcome

Conviction and sentence set aside; petitioner acquitted from all the charges levelled against him.

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Issue for consideration

Whether the conviction and sentence imposed in STC.No.8 of 2017 dated 26.02.2021 and confirmed in CA.No.21 of 2021 dated 21.04.2022 should be set aside, given that the petitioner has paid the cheque amount of Rs.10,29,198/- and discharged the liability, which the respondent/complainant confirms and does not dispute.

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Court's answer

Since the cheque amount has been paid and the liability discharged, undisputed and confirmed by the respondent/complainant's counsel, this Court set aside the conviction of the petitioner passed by the Judicial Magistrate, Fast Track Court at Magisterial Level, Tiruppur in STC.No.8 of 2017 dated 26.02.2021 (which had been confirmed by the II Additional District and Sessions Judge, Tiruppur in CA.No.21 of 2021 dated 21.04.2022).

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Ratio / Principle

The criminal revision is allowed and the petitioner is acquitted from all the charges levelled against him.

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Detailed headnote1 paragraphs

Madras High Court (M. Nirmal Kumar J.), Crl.RC.No.679 of 2022, decided 08.04.2025: Criminal revision under Section 397 r/w.401 of the Criminal Procedure Code against the judgment of the II Additional District Sessions Judge, Tiruppur (CA.No.21 of 2021, dated 21.04.2022) confirming the conviction and sentence of six months' simple imprisonment plus payment of the cheque amount of Rs.10,29,198/- imposed by the Judicial Magistrate, Fast Track Court at Magisterial Level, Tiruppur (STC.No.8 of 2017, dated 26.02.2021). Pending revision, the petitioner paid the cheque amount (Rs.5,20,000/- by UPI transactions and Rs.5,10,000/- in cash), which the respondent/complainant's counsel confirmed and did not dispute; the complainant's proposed petition under Section 147 of the Negotiable Instruments Act did not proceed as the respondent did not sign it. Holding the liability discharged, the Court set aside the conviction, allowed the revision and acquitted the petitioner from all the charges levelled against him.

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Crl.RC.No.679 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 08.04.2025

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CORAM :

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THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

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Crl.RC.No.679 of 2022

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1.S.K.D.Exports Rep by its Partner SPN Kanagaraj No.14/1, Selvapuram Thennampalayan, Tiruppur.

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2.Mr.SPN. Kanagaraj Partner S.K.D. Exports office at No.14/1, Selvapuram, Thennampalayam Extension Tiuppur. .. Petitioners -Vs-

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M/s.M.K.Tex Rep by its Partner Mr.Karthikeyan No.27(1)/28, S.N.V.S.Layout, 4^th Street, Kongu Main Road, Tiruppur. .. Respondent

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Prayer : Criminal Revision is filed under Section 397 r/w.401 of the Criminal Procedure Code to set aside the judgment of the learned II Additional District Sessions Judge, Tiruppur in CA.No.21 of 2021 dated 21.04.2022 confirming the conviction and sentence passed by the learned Judicial Magistrate, Fast Track Court at Magisterial Level, Tiruppur in STC.No.8 of 2017 dated 26.02.2021.

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

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For Petitioners : Mr.S.Valarmathi For Respondent : Mr.B.Dharani

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O R D E R

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Crl.RC.No.679 of 2022

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In continuation and conjunction to the earlier order passed by this Court on 12.03.2025, today the learned counsel for the petitioner and the respondent are present.

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The learned counsel for the respondent confirms that the petitioner had paid the cheque amount of Rs.10,29,198/- (Rs.5,20,000/- by way of UPI transaction on various dates and Rs.5,10,000/- by way of cash). It is not disputed by the respondent/complainant.

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The respondent/complainant though had sought for time on 12.03.2025, for filing petition under Section 147 of Negotiable Instruments Act. Today, the learned counsel for the respondent reported that Section 147 petition sent for signature of the respondent, but the respondent has not responded.

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In this case, the cheque amount has been paid and which is not

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

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Crl.RC.No.679 of 2022

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disputed and the same was confirmed by the counsel for the respondent/complainant before this Court and a sum of Rs.10,30,000/- paid by the petitioner and discharged the liability.

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In view of the same, this Court set aside the conviction of the petitioner passed by the Judicial Magistrate, Fast Track Court at Magisterial Level, Tiruppur made in STC.No.8 of 2017 dated 26.02.2021 to undergo six months simple imprisonment and to pay the cheque amount of Rs.10,29,198/- and the same is confirmed by the II Additional District and Sessions Judge, Tiruppur in CA.No.21 of 2021 dated 21.04.2022.

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