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K. K. RAMAKRISHNAN
M. Arumugathai – Appellant
Versus
T. Geetha – Respondent
JUDGMENT
(Prayer: Criminal Revision Petition has been filed under Section 397 r/w 401 of Cr.P.C., to call for the records relating to the judgment made in C.A.No.85 of 2018 dated 15.11.2022 by the learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur, by confirming the judgment passed by the learned Judicial Magistrate No.I, Sivakasi, Virudhunagar District, in S.T.C.No.1988 of 2015 dated 18.06.2018 and set aside the same.)
1. This Criminal Revision Case has been filed against the Judgment dated 15.11.2022 made in C.A.No.85 of 2018 passed by the learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur, by confirming the judgment passed by the learned Judicial Magistrate No.I, Sivakasi, Virudhunagar District, in S.T.C.No.1988 of 2015 dated 18.06.2018.
2. The petitioner borrowed a sum of Rs.1,90,000/- from the respondent on 16.07.2015. To discharge the said debt, she issued a cheque, dated 07.09.2015 drawn on the State Bank of India, Sivakasi Branch. The respondent presented the cheque before his Bank and the same was returned on 21.09.2015 with an endorsement of “Insufficient Funds”. So, the respondent issued the legal notic
Compounding of the offence under Section 138 of the Negotiable Instruments Act led to the acquittal of the accused.
Liability under Section 138 of the Negotiable Instruments Act and the presumption under Section 139 were crucial in establishing the accused's guilt.
Settlement and compounding of an offence under the Negotiable Instruments Act after conviction can lead to the setting aside of the conviction if both parties agree.
The compensatory nature of proceedings under Section 138 of NI Act and the court's authority to modify the sentence and compensation amount based on relevant legal provisions.
The presumption in favor of the holder of the cheque when the execution is not denied, and the need for positive evidence to prove lack of means of the respondent.
The compensatory nature of proceedings under Section 138 of NI Act and the recoverability of compensation under Section 421 of Cr.P.C were central to the court's decision.
High Court can quash Section 138 NI Act conviction via compromise in private disputes using inherent powers.
The main legal point established is that the drawer of a cheque cannot take advantage of their own fault and must comply with the legal requirements under Section 138 of the Negotiable Instruments Ac....
The compensatory nature of proceedings under Section 138 of the Negotiable Instruments Act and the recoverability of compensation even after default sentence as provided in Section 357(3), 421, and 4....
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