Disposed¶42

S. Satheesh v. N.Balasubramanian

Madras HC19 Sept 2025CRL RC(MD)/1187/2025

Case brief

AI extract

What is this about?

NI Act 138/141 conviction appeal; 251-day delay condonation on condition of depositing Rs.2,00,000 cheque amount (District and Sessions Judge, Karur, order dated 24.07.2025 in Crl.M.P.No.1054 of 2025 in Crl.A.No.Nil of 2024); petitioner complied by DD No.439292 dated 19.09.2025; revision disposed of as compliance rendered it infructuous; appellate court directed to decide appeal on merits expeditiously; Section 147 NI Act compounding urged by counsel; Madurai Bench of Madras High Court; Shamim Ahmed, J.; BNSS 2023 Sections 438/442 invoked for the revision.

What did the court decide?

Criminal Revision disposed of; District and Sessions Judge, Karur directed to proceed with the appeal and decide it on merits and in accordance with law as expeditiously as possible; file consigned to record; connected miscellaneous petition closed. ¶42

S. Satheesh Vs N.Balasubramanian — Cheque Dishonour | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Criminal Revision Petition seeking to set aside the order dated 24.07.2025 in Crl.M.P.No.1054 of 2025 (conditional condonation of 251-day appeal delay) should continue, given the petitioner's full compliance with the deposit condition by settling the cheque amount of Rs.2,00,000/- to the respondent. +1 more

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Court's answer

Since the petitioner has fully complied with the conditions imposed by the learned District and Sessions Judge, Karur (order dated 24.07.2025 in Crl.M.P.No.1054 of 2025) and settled the cheque amount of Rs.2,00,000/- to the respondent, no useful purpose would be served by keeping the present Revision Petition pending and there is no justification to continue it.

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Ratio / Principle

This Criminal Revision is finally disposed of; the learned District and Sessions Judge, Karur, is directed to proceed with the appeal and decide the same on merits and in accordance with law, as expeditiously as possible, and the connected miscellaneous petition is closed.

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Detailed headnote1 paragraphs

Criminal Revision (CRL.R.C.(MD)No.1187 of 2025), Madurai Bench of Madras High Court, decided 19.09.2025 by Shamim Ahmed, J. The petitioner, convicted under Sections 138 and 141 of the Negotiable Instruments Act, 1881 (one year simple imprisonment and Rs.2,00,000/- compensation) in S.T.C.No.169 of 2021, had his 251-day delay in filing appeal condoned by the District and Sessions Judge, Karur, on 24.07.2025, on condition of depositing the entire cheque amount of Rs.2,00,000/- to the credit of the S.T.C. Before this Court, the petitioner handed over Demand Draft No.439292 dated 19.09.2025 for Rs.2,00,000/- to the respondent's counsel in full compliance, which was duly acknowledged. Holding that no useful purpose would be served by keeping the Revision pending since the appellate court's directions stood fully complied with, the Court disposed of the Revision, directed the District and Sessions Judge, Karur to proceed with the appeal and decide it on merits and in accordance with law as expeditiously as possible, and closed the connected miscellaneous petition. Counsel for the petitioner had sought consideration of Section 147 of the Negotiable Instruments Act, 1881 for compounding, the entire amount having been paid.

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Crl.R.C(MD)No.1187 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 19.09.2025

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CORAM

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THE HONOURABLE MR.JUSTICE SHAMIM AHMED

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CRL.R.C.(MD)No.1187 of 2025 and CRL.M.P.(MD)No.11542 of 2025

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S.Satheesh, S/o.Sivasubramanian, K.Velayuthampalayam, Vangal Post, Manmangalam Taluk, Karur District.

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... Petitioner

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vs.

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N.Balasubramanian, S/o.Natchimuthu, No.258, Raja Nagar, 1^st Cross Street, Ramanoor, Pasupathipalayam Post, Karur Taluk and District. ... Respondent

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PRAYER: Criminal Revision Petition is filed under Section 438 r/w 442 of BNSS, 2023, to call for the records pertaining to the order, dated 24.07.2025 in Crl.M.P.No.1054 of 2025 in Crl.A.No.Nil of 2024 passed by the District and Sessions Judge, Karur, in the S.T.C.No.169 of 2021 passed by the learned Fast Track Court @ Magistrate Level, Karur, dated 21.02.2024 and to set aside the same.

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

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Crl.R.C(MD)No.1187 of 2025

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For Petitioner :Mr.V.Sukumar For Respondent :Mr.P.Rajagopalan For Mr.R.Devaraj *****

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O R D E R

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The present Criminal Revision Case has been filed to set aside the

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order passed by the learned District and Sessions Judge, Karur, in Crl.M.P.No.1054 of 2025 in Crl.A.No.Nil of 2024, dated 24.07.2025.

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2.Heard Mr.V.Sukumar, learned Counsel for the petitioner and Mr.P.Rajagopalan, learned Counsel for Mr.R.Devaraj, learned Counsel for the respondent.

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3.The short facts of the case, which are necessary for disposal of the present Criminal Revision Petition, are as follows:-

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i)The respondent/complainant has filed a private complaint against the petitioner/accused under Section 138 and 141 of Negotiable Instructions Act, 1881, and after trial, the learned Judicial Magistrate,

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

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Crl.R.C(MD)No.1187 of 2025

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Fast Track Court @ Magisterial Level, Karur, had convicted the petitioner and sentenced him to undergo one year simple imprisonment and to pay a sum of Rs.2,00,000/- to the respondent, as compensation, in default, to undergo one month simple imprisonment. Challenging the said conviction and sentence, the petitioner has preferred an appeal before the District and Sessions Court at Karur along with a petition in Crl.M.P.No.1054 of 2025 to condone the delay of 251 days in filing the appeal. The learned District and Sessions Judge, Karur, by order, dated, dated 24.07.2025, had allowed the said miscellaneous petition and condoned the delay of 251 days on condition that the petitioner shall deposit the entire cheque amount of Rs.2,00,000/- to the credit of S.T.C.No.169 of 2021 on the file of the learned Fast Track Court @ Magistrate Level, Karur. Aggrieved by the same, the petitioner has preferred the present Criminal Revision Petition.

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Today, when the matter is being taken up, Mr.V.Sukumar, learned Counsel for the petitioner has handed over the original Demand

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

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Crl.R.C(MD)No.1187 of 2025

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Draft, dated 19.09.2025, bearing No.439292, for a sum of Rs.2,00,000/in favour of the respondent viz., N.Balasubramaniyan, to the learned Counsel for the respondent, before this Court today and submits that in compliance with the order passed by the learned District and Sessions Judge, Karur, dated 24.07.2025, in Crl.M.P.No.1054 of 2025, the petitioner has settled the entire cheque amount due to the respondent and the order passed by the appellate Court, dated 24.07.2025 has been fully complied with.

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The learned Counsel for the Petitioner prays this Court that the Appellate Court may be directed to proceed with the appeal and to decide the appeal in accordance with law as expeditiously, by considering the provisions of Section 147 of the Negotiable Instruments Act, 1881, for compounding the offence, as the entire amount has been paid to the Respondent and the Petitioner is interested to contest the case on merits before the Appellate Court.

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

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Crl.R.C(MD)No.1187 of 2025

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Mr.P.Rajagopala, learned Counsel for the Respondent submits that he received the original demand draft dated 19.09.2025, bearing No. 439292, for a sum of Rs.2,00,000/- in favour of the respondent viz., N.Balasubramaniyan, before this Court and has duly acknowledged the same and submits that the Respondent is not interested in pursue the appeal any further and it may be decided on merits and in accordance with law.

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Having considered the submissions of the learned counsel for the parties and perused the record, and the fact that the petitioner has fully complied with the conditions imposed by the learned District and Sessions Judge, Karur, dated 24.07.2025, in Crl.M.P.No.1054 of 2025, this Court is of the view that no useful purpose would be served by keeping the present Revision Petition pending. The Petitioner has already complied with the directions issued by the Appellate Court dated 24.07.2025 and settled the cheque amount to the tune of Rs.2,00,000/- to the respondent, as evidenced by the copy of the demand draft slip on

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

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Crl.R.C(MD)No.1187 of 2025

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Petition.

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record. Thus, there is no justification to continue the present Revision Petition.

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In view of the above, this Criminal Revision is finally disposed

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of . The learned learned District and Sessions Judge, Karur, is directed to proceed with the appeal and decide the same on merits and in accordance with law, as expeditiously as possible. File is consigned to record. Consequently, connected miscellaneous petition is closed.

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Index :Yes / No 19.09.2025 Internet :Yes / No NCC :Yes / No Nsr

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To:

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