Accused convicted for cheque dishonour under Section 138 of the Negotiable Instruments Act; appellate court confirmed the conviction. Revision court upheld both courts' findings, dismissed the revision, but offered to set aside conviction and sentence if the accused paid the balance amount by 31.05.2026.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL RC No. 1120 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-04-2026
CORAM
THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN
CRL RC No. 1120 of 2023
Sankar
..Petitioner
Vs
C.Muthukumar
..Respondent
Prayer : This Criminal Revision Case filed under Section 397 read with 401 of Code of Criminal Procedure, to set aside the Judgment passed the Learned Judicial Magistrate Court No.II, Pollachi in STC.2069 of 2016, dated 22.12.2021 as confirmed by the Judgment of the Learned III Additional District and Sessions Judge, Coimbatore in CA.7 of 2022 dated 18.04.2023.
For Petitioner: Mr. S.N.Arunkumar For Respondent: D.R.Arun Kumar
ORDER
This Criminal Revision Case has been filed against the Judgment dated 18.04.2023 passed in C.A.No.7 of 2022 on the file of the Additional District and Sessions Judge, Coimbatore, thereby confirming the order of conviction and sentence imposed by the Judicial Magistrate Court No.II, Pollachi, in
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CRL RC No. 1120 of 2023
S.T.C.No.2069 of 2016, dated 22.12.2021, for the offence punishable under Section 138 of the Negotiable Instruments Act.
examined and no documents were marked.
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CRL RC No. 1120 of 2023
4.
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CRL RC No. 1120 of 2023
Instruments Act. He further submitted that, out of the cheque amount of Rs.5,00,000/-, so far the accused paid a sum of Rs.1,00,000/- and sought for three weeks time to settle the remaining amount.
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8.
CRL RC No. 1120 of 2023
towards partial discharge of his liability. The said cheque was presented for collection and the same was returned dishonoured with the endorsement “Funds Insufficient”. Therefore, the respondent caused statutory notice. On receipt of the same, the accused failed to reply, thereby attracting the presumption under Section 138 of the Negotiable Instruments Act.
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10.
CRL RC No. 1120 of 2023
28-04-2026
Index: Yes/No Neutral Citation: Yes/No LPP To
1.The III Additional District and Sessions Judge, Coimbatore.
2.The Judicial Magistrate No.II, Pollachi.
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CRL RC No. 1120 of 2023
G.K.ILANTHIRAIYAN J.
LPP
CRL RC No. 1120 of 2023
28-04-2026
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2 issues framed by the court
Whether the accused rebutted the presumption under Sections 118 and 139 of the Negotiable Instruments Act despite admitting signature and issuance of the cheque.
Whether the concurrent conviction and sentence imposed by the Courts below warranted interference.
3 provisions across 2 enactments
Sankar
C. Muthukumar
G.K. Ilanthiraiyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
