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S.Vijendran Vs The State rep by Public Prosecutor — Cheque Dishonour | Madras HC (2025)

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Madras HC
2025
S.Vijendran Vs The State rep by Public ProsecutorS.Vijendran v. The State rep by Public Prosecutor

Dismissed¶18

S.Vijendran v. The State rep by Public Prosecutor

Madras HC25 Jun 2025CRL RC/894/2025

Case brief

AI extract

What is this about?

Madras High Court single-judge criminal revision (Crl.RC.No.894 of 2025, decided 25.06.2025 by G.K. ILANTHIRAIYAN J.) filed by S.Vijendran against The State/Public Prosecutor, Coimbatore and N.Najamanikam under Sections 438 r/w 442 BNSS 2023, challenging appellate confirmation (Crl.Appeal No.334 of 2023, 22.11.2024, III Addl. D&S Judge, Coimbatore) of a Section 138 Negotiable Instruments Act conviction and sentence (SI 3 months + Rs.3,12,000/- compensation + default SI) from CC.No.1010 of 2019, Judicial Magistrate FT Court Magisterial Level-II, Coimbatore; dismissed as withdrawn at petitioner's request; connected Crl.MP.No.12184 of 2025 closed; advocates: A.R.Suresh (petitioner), A.Gopinath, Government Advocate (crl.side) (R1).

What did the court decide?

No substantive relief granted; petition permitted to be withdrawn and dismissed as withdrawn, with the connected miscellaneous petition closed.

What the court decided

AI extract

Outcome

No substantive relief granted; petition permitted to be withdrawn and dismissed as withdrawn, with the connected miscellaneous petition closed.

Issue for consideration

Whether the judgment and sentence of the III Additional District and Sessions Judge, Coimbatore in Crl.Appeal No.334 of 2023 dated 22.11.2024 confirming the petitioner's conviction under Section 138 of the Negotiable Instruments Act (with 3 months simple imprisonment, Rs.3,12,000/- compensation and one-month default imprisonment) should be set aside and the petitioner acquitted. (Not adjudicated - petition withdrawn.)

Key takeaways

On the request of the learned counsel for the petitioner seeking permission to withdraw, this criminal revision case is dismissed as withdrawn; the merits were not adjudicated.¶18
Consequently, the connected miscellaneous petition (Crl.MP.No.12184 of 2025) is closed.¶22

Detailed headnote1 paragraphs

CRIMINAL REVISION - DISMISSED AS WITHDRAWN (MADRAS HC, G.K. ILANTHIRAIYAN J., 25.06.2025): Crl.RC.No.894 of 2025 filed under Section 438 r/w 442 of BNSS, 2023 by S.Vijendran sought to set aside the judgment of the III Additional District and Sessions Judge, Coimbatore in Crl.Appeal No.334 of 2023 dated 22.11.2024 confirming his conviction under Section 138 of the Negotiable Instruments Act and sentence (3 months simple imprisonment, Rs.3,12,000/- compensation within one month, one month default imprisonment) originally imposed by the Judicial Magistrate, Fast Track Court at Magisterial Level-II, Coimbatore in CC.No.1010 of 2019. Before any adjudication, counsel sought permission to withdraw; the revision was dismissed as withdrawn and the connected Crl.MP.No.12184 of 2025 was closed. No point of law was decided; precedential value nil.

A

Crl.RC.No.894 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

Crl.RC.No.894 of 2025 and Crl.MP.No.12184 of 2025

S.Vijendran . .. Petitioner Versus 1.The State, Rep. By Public Prosecutor, Coimbatore 2.N.Najamanikam . .. Respondents

PRAYER : Criminal Revision Case filed under Section 438 r/w 442 of BNSS, 2023, praying to set aside the judgment and sentence of the learned III Additional District and Sessions Judge, Coimbatore made in Crl.Appeal No.334 of 2023 dated 22.11.2024 confirming the conviction for the offence under Section 138 of Negotiable Instruments Act and sentenced to undergo simple imprisonment of 3 months and to pay compensation of Rs.3,12,000/- within one month and in default of payment of the compensation to undergo a further period of one month simple imprisonment as default sentence passed by the learned Judicial Magistrate, Fast Track Court at Magisterial Level-II, Coimbatore in CC.No.1010 of 2019 dated 26.09.202 and acquit the petitioner.

For Petitioner : Mr.A.R.Suresh

Page 1 of 4

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

Crl.RC.No.894 of 2025

For Respondents For R1 : Mr.A.Gopinath, Government Advocate(crl.side)

ORDER

This criminal revision case has been filed praying to set aside

the judgment and sentence of the learned III Additional District and Sessions Judge, Coimbatore made in Crl.Appeal No.334 of 2023 dated 22.11.2024 confirming the conviction for the offence under Section 138 of Negotiable Instruments Act and sentence to undergo simple imprisonment of 3 months and to pay compensation of Rs.3,12,000/within one month and in default of payment of the compensation to undergo a further period of one month simple imprisonment as default sentence imposed by the learned Judicial Magistrate, Fast Track Court at Magisterial Level-II, Coimbatore in CC.No.1010 of 2019 dated 26.09.202 and to acquit the petitioner.

The learned counsel for the petitioner seeks permission of this Court to withdraw this petition.

3 . In view of the request made by the learned counsel for the petitioner, this criminal revision case is dismissed as withdrawn.

Page 2 of 4

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

Crl.RC.No.894 of 2025

Consequently, connected miscellaneous petition is closed.

25.06.2025

Index:Yes/No Neutral citation:Yes/No Speaking/Non speaking order lok

To 1.The learned III Additional District and Sessions Judge, Coimbatore 2.The learned Judicial Magistrate, Fast Track Court at Magisterial Level-II, Coimbatore 3.Public Prosecutor, Coimbatore 4.The Public Prosecutor, High Court of Madras

G.K.ILANTHIRAIYAN. J,

lok

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Crl.RC.No.894 of 2025

Crl.RC.No.894 of 2025

25.06.2025

Page 4 of 4

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

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the judgment and sentence of the III Additional District and Sessions Judge, Coimbatore in Crl.Appeal No.334 of 2023 dated 22.11.2024 confirming the petitioner's conviction under Section 138 of the Negotiable Instruments Act (with 3 months simple imprisonment, Rs.3,12,000/- compensation and one-month default imprisonment) should be set aside and the petitioner acquitted. (Not adjudicated - petition withdrawn.)¶8

Statutes considered

2 provisions across 2 enactments

AI extract

BNSS, 2023Sections 438 and 442 read together¶8
Negotiable Instruments Act138¶8

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment and sentence of the learned III Additional District and Sessions Judge, Coimbatore in Crl.Appeal No.334 of 2023 dated 22.11.2024, confirming the conviction under Section 138 of the Negotiable Instruments Act and sentence of 3 months simple imprisonment plus Rs.3,12,000/- compensation within one month, with one month simple imprisonment in default.¶8
III Additional District and Sessions Judge, Coimbatore · 22.11.2024
Prior proceeding
Original trial and conviction before the Judicial Magistrate, Fast Track Court at Magisterial Level-II, Coimbatore in CC.No.1010 of 2019 dated 26.09.202 (year as printed, apparently truncated), imposing 3 months simple imprisonment, Rs.3,12,000/- compensation within one month and one month simple imprisonment as default sentence.¶8
Prior proceeding
First appeal (Crl.Appeal No.334 of 2023) before the III Additional District and Sessions Judge, Coimbatore, decided 22.11.2024, which confirmed the conviction under Section 138 of the Negotiable Instruments Act and the sentence.¶8

Parties & counsel

AI extract

petitioner
S.Vijendran¶7
A.R.Suresh
respondent
The State, Rep. By Public Prosecutor, Coimbatore¶7
A.Gopinath
respondent
N.Najamanikam¶7

Coram

AI extract

G.K.ILANTHIRAIYANauthor¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 25 Jun 2025 · June
Registered: 24 Jun 2025
Case no.: CRL RC/894/2025
CNR: HCMA011029232025
Topic: Cheque Dishonour
Bench: G.k. Ilanthiraiyan
Disposal: WITHDRAWN DISMISSED
Case type: Crl.RC.

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Cite this judgement

S.Vijendran v. The State rep by Public Prosecutor, CRL RC/894/2025 (MAD), decided on 25 June 2025.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

BNSS, 2023Sections 438 and 442 read together
Negotiable Instruments Act138

View all statutes

Procedural history3

Judgment and sentence of the learned III Additional District and Sessions Judge, Coimbatore in Crl.Appeal No.334 of 2023 dated 22.11.2024, confirming the conviction under Section 138 of the Negotiable Instruments Act and sentence of 3 months simple imprisonment plus Rs.3,12,000/- compensation within one month, with one month simple imprisonment in default.III Additional District and Sessions Judge, Coimbatore · 22.11.2024
Original trial and conviction before the Judicial Magistrate, Fast Track Court at Magisterial Level-II, Coimbatore in CC.No.1010 of 2019 dated 26.09.202 (year as printed, apparently truncated), imposing 3 months simple imprisonment, Rs.3,12,000/- compensation within one month and one month simple imprisonment as default sentence.
First appeal (Crl.Appeal No.334 of 2023) before the III Additional District and Sessions Judge, Coimbatore, decided 22.11.2024, which confirmed the conviction under Section 138 of the Negotiable Instruments Act and the sentence.

View full history

Bench / Coram

G.K.ILANTHIRAIYAN

Parties & counsel