BAIL SLIP

The Petitioner herein/Accused namely A.T.Ansari, S/o.Ahamed

Moideen (in C.C.No.312 of 2014 (Old STC.No.185 of 2009) on the

file of the Judicial Magistrate, FTC.1, Magisterial Level,

Coimbatore) was directed to be released on bail by order of this

Court dated 20/06/2017, and made in Crl.M.P.No.5873 of 2017 and

7521 of 2017 in Crl.R.C.No.648 of 2017.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

CRL.R.C.NO.648 OF 2017

A.T.Ansari

... Petitioner/Accused

Versus

1. K.G.Gopinathan

2. L.G.Gopinathan

The Inspector of Police,

B1, Bazhaar Station,

Coimbatore City.

... Respondents

(R2 suo-motu impleaded as per

order in Crl.R.C.No.648 of 2017

dated 11.03.2022)

PRAYER:-

Criminal Revision petition filed under Section 397 and 401

Cr.P.C. praying to call for the records and set aside the

conviction order passed by the learned I Additional District and

Sessions Judge at Coimbatore in C.A.No.72 of 2016 dated

24.03.2017, confirming the order of conviction passed by the

learned Judicial Magistrate, Fast Track Court-I at Magisterial

Level, Coimbatore in C.C.No.312 of 2014 (Old STC No.185 of 2009)

dated 25.04.2016.

For Petitioner : Mr.Naveen Kumar Murthi

Legal Aid Counsel

https://hcservices.ecourts.gov.in/hcservices/

For Respondent-1 :

Mr.K.Sudhakar

Legal Aid Counsel

For Respondent-2 :

Mr.A.Damodaran

Additional Public Prosecutor

O R D E R

This Criminal Revision Case has been filed to set aside the

conviction order passed by the learned I Additional District and

Sessions Judge at Coimbatore in Crl.A.No.72 of 2016 dated

24.03.2017, confirming the order of conviction passed by the

learned Judicial Magistrate, Fast Track Court-I at Magisterial

Level, Coimbatore in C.C.No.312 of 2014 (Old STC No.185 of 2009)

dated 25.04.2016.

2. The petitioner/accused was convicted by the learned

Judicial Magistrate, Fast Track Court-I at Magisterial Level,

Coimbatore on the complaint filed by the first respondent under

Section 138 of the Negotiable Instruments Act in C.C.No.312 of

2014 by judgment dated 25.04.2016 and sentenced to undergo six

months simple imprisonment and to pay the cheque amount of

Rs.2,50,000/- as compensation to the complainant/first

respondent. Aggrieved by the same, the petitioner preferred an

appeal before the learned I Additional District and Sessions

Judge, Coimbatore in Crl.A.No.72 of 2016. The learned Sessions

Judge, by judgment dated 24.03.2017, dismissed the appeal

confirming the conviction order passed by the trial Court, as

against which, the present revision has been filed by the

petitioner/accused.

3. The contention of the petitioner is that the cheque-Ex.P2

was not given for discharge of any liability. The petitioner had

never taken any loan from the first respondent. The first

respondent was earlier running a chit fund finance company. The

petitioner subscribed for the chit in the year 2005. At that

time, he handed over the signed blank cheque and pro-note as

security, which is the normal practice followed in the private

chit fund. To prove the same, the petitioner examined himself as

D.W.1 and examined one V.Subramanian, Manager, UCO Bank as

D.W.2. The petitioner denies the writings in the cheque. The

first respondent/complainant in his evidence admits that there

is a variation in the ink colour of the signature and the

writings in the cheque/Ex.P2. The pro-

note/Ex.P1 was also marked on objection. Exs.P1 and P2 were

handed over in blank by the petitioner. The subscription of the

petitioner to the chit run by the first respondent, is also

admitted. The first respondent was running a chit fund in the

name and style of M/s.Praveenath Chits. The revision petitioner

https://hcservices.ecourts.gov.in/hcservices/

joined the chit in the year 2003. At that