V.Loganathan Vs P.Edwin

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Crl.R.C.Nos.91 & 119 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 17.03.2025

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CORAM

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THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

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Crl.R.C.Nos.91 & 119 of 2022

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V.Loganathan ... Petitioner/Accused in both cases Vs. P.Edwin ... Respondent/complainant in both cases

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Common Prayer : Criminal Revision Cases filed under Sections 397 and 401 of Cr.P.C., to set aside the order of conviction and sentence of imprisonment and compensation dated 06.08.2019 passed by the learned Metropolitan Magistrate (FTC-II), Egmore, Chennai at Allikulam in C.C.Nos.1978 of 2019 and 443 of 2018, respectively, and confirmed by the learned XVIII Additional Sessions Judge, City Civil Court, Chennai in his judgment dated 17.04.2021 in Crl.A.No.320 & 319 of 2019, respectively.

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For Petitioner : Mr.C.P.Sivamohan in both cases For Respondent : Mr.G.Palani in both cases

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

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Page No.1 of 12

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Crl.R.C.Nos.91 & 119 of 2022

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COMMON ORDER

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This Court, on 03.03.2025, had passed the following order:

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“Crl.R.C. No. 91 of 2022

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This revision arises out of the petitioner's conviction under Section 138 of the Negotiable Instruments Act, filed by the respondent in C.C.No.1978 of 2019. The trial court had convicted the petitioner and sentenced him to undergo one year of rigorous imprisonment (R.I.) and to pay the cheque amount of Rs.2.5 lakhs as compensation. Aggrieved by the same, the petitioner preferred an appeal in C.A.No.320 of 2019. The lower appellate court, by judgment dated 17.04.2021, dismissed the appeal, confirming the conviction and sentence of the trial court. This decision is now challenged in the present revision.

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Crl.R.C. No. 119 of 2022

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The petitioner is an accused in C.C.No.443 of 2018, was convicted for the offence under Section 138 of the N.I. Act, filed by the respondent. The trial court convicted the petitioner by judgment dated 06.08.2019 and sentenced him to undergo one year of simple imprisonment (S.I.) and to pay the cheque amount of Rs.2,53,800/- as compensation.

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Aggrieved by the same, the petitioner preferred an appeal in C.A.No.319 of 2019. The Sessions Judge, by judgment

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

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Page No.2 of 12

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Crl.R.C.Nos.91 & 119 of 2022

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dated 17.04.2021, dismissed the appeal and the present Crl.R.C.No.119 of 2022 was filed.

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Crl.R.C.No.678 of 2022

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This revision is filed by the respondent, who is the complainant in C.C.No.1978 of 2019, filed an appeal before the Sessions Court in C.A.No.313 of 2019, seeking enhancement of sentence and compensation. The XVIII Additional Sessions Judge, Chennai by judgment dated 17.04.2021, dismissed the appeal for enhancement.

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Crl.R.C. No. 676 of 2022

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This revision is filed by the respondent/complainant, who had filed a private complaint against the petitioner in C.C.No.443 of 2018 for the offence under Section 138 of the N.I. Act. Aggrieved by the inadequate sentence and compensation ordered by the trial Court, the respondent filed an appeal in C.A.No.314 of 2019. The XVIII Additional Sessions Judge, City Civil Court Chennai by judgment dated 17.04.2021, dismissed the appeal for enhancement of sentence and compensation, against which the present revision is filed

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2. Since the petitioner and the respondent are common to all the cases and the issues involved are similar, this Court is disposing of the above four Criminal Revision Cases by way of a common order.

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3. It is seen that the petitioner was convicted by the

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

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Page No.3 of 12

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Crl.R.C.Nos.91 & 119 of 2022

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trial court for the offence under Section 138 of the N.I. Act filed by the respondent, is facing conviction in each case for a cheque amount of Rs.2,50,000/-. The petitioner faced conviction, against which he filed an appeal, which was dismissed, confirming the trial court's conviction and sentence. Aggrieved by this, the petitioner has filed two criminal revisions, Crl.R.C.Nos.91 and 119 of 2022. Likewise, the respondent, who is the complainant, filed appeals for the enhancement of the conviction and compensation in C.A.Nos.313 and 314 of 2019, which were dismissed and against which the present criminal revisions, Crl.R.C.Nos.676 and 678 of 2022, were filed.

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4. The learned counsel for the petitioner submitted that during the pendency of the appeals in C.A.Nos.319 of 2019 and 320 of 2019, the petitioner was directed to deposit Rs.50,000/- in each case. The petitioner deposited the amount of Rs.50,000/- to the credit of the trial court in C.C.Nos.443 of 2018 and 1978 of 2019 vide receipt No.9530 and 9529, dated 03.12.2019. The petitioner produced the copy of receipts. At the time of admission of revision case, the petitioner was directed to deposit Rs.75,000/- in each case. The receipt and the demand draft. (scan copy)

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

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Page No.4 of 12

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Crl.R.C.Nos.91 & 119 of 2022

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Page No.5 of 12

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Crl.R.C.Nos.91 & 119 of 2022

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5. The petitioner has agreed to pay the cheque amount of Rs.5,00,000/- and over and above another Rs.2 lakhs, in total Rs.7 lakhs to the respondent. He has already deposited Rs.2,50,000/- before the trial Court. The petitioner deposited Rs.75,000/- by way of demand draft before the trial Court in C.C.No.443 of 2018 and C.C.No.1978 of 2019 by D.D.Nos.690594 and 690595, dated 01.03.2022 drawn on Chennai Central Cooperative Bank Ltd, Villivakkam Branch. Thus, as on date a sum of Rs.2,50,000/- are deposited in the trial Court.

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6. Today (03-03-2025), the petitioner handed over a demand draft for Rs.3,00,000/-, Rs. 50,000/- and Rs.1,00,000/- in cash (scan copy).

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

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Page No.6 of 12

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Crl.R.C.Nos.91 & 119 of 2022

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

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Page No.7 of 12

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Crl.R.C.Nos.91 & 119 of 2022

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Page No.8 of 12

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Crl.R.C.Nos.91 & 119 of 2022

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7. The photocopy of the demand draft and receipt for Rs.1,00,000/- (cash), totally Rs.7,00,000/-, has been paid.

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8. The learned counsel for the respondent/complainant requests that he may be permitted to receive the amount of Rs.1,25,000/- each deposited in the credit of C.C.Nos.443 of 2018 and 1978 of 2019 in total Rs.2,50,000/-before the trial Court. According to the petitioner, this amount has been deposited in a fixed deposit and the interest accrued on such fixed deposit, if any shall be included and paid.

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9. The learned counsel for the petitioner has no objection for respondent receiving the deposited amount, along with accrued interest if any.

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10. In view of the above, this Court directs the trial Court to hand over the amount of Rs.1,25,000/- each deposited in C.C.Nos. 443 of 2018 and 1978 of 2019, along with accrued interest, if any.

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11. The petitioner to file appropriate petition before the trial Court. The trial Court to return the deposited amount to the respondent/complainant, dispensing notice to the petitioner/accused. The learned counsel for the respondent seeks small accommodation to file a petition under Section 147 of N.I Act to compound the case.

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12. Post this matter on 17.03.2025.”

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Page No.9 of 12

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Crl.R.C.Nos.91 & 119 of 2022

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2.In continuation to the earlier order passed by this Court on

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03.03.2025, today, the petitioner as well as respondent and their respective counsel are present. Both the petitioner and respondent confirmed the compromise arrived at between them. The learned counsel for respondent filed a Petition under Section 147 of the Negotiable Instruments Act, 1881 in Crl.M.P.Nos.5422 and 5425 of 2025, respectively, for compounding the offence and submitted that the petitioner/accused paid to the satisfaction of the respondent both in C.C.Nos.1978 of 2019 and 443 of 2018, which are now culminated into Crl.R.C.Nos.91 and 119 of 2022, respectively.

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3 . In view of the compromise arrived at between the parties and considering the petition under Section 147 of the Negotiable Instruments Act, the offence under Section 138 of the Negotiable Instruments Act in C.C.Nos.1978 of 2019 and 443 of 2018 are compounded.

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4.Accordingly, t he conviction and sentence imposed on the petitioner vide judgment dated 17.04.2021 made in Crl.A.Nos.320 & 319 of 2019, respectively, on the file of the learned XVIII Additional

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

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Page No.10 of 12

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Crl.R.C.Nos.91 & 119 of 2022

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Sessions Judge, City Civil Court, Chennai, confirming the judgment dated 06.08.2019 made in C.C.Nos.1978 of 2019 and 443 of 2018, respectively, on the file of the learned Metropolitan Magistrate, Fast Track Court-II, Egmore, Allikulam, Chennai, are set aside and the Criminal Revisions Cases are allowed. The petitioner is acquitted of the charge under Section 138 of the Negotiable Instruments Act.

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17.03.2025 (1/2)

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Index: Yes/No Speaking/Non-speaking order Neutral citation: Yes/No. rsi

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To

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