IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-12-2025 CORAM THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR P.Subramani S/o.Peddanna, No.2/1477, Avalapalli P6, Basthi, Hosur Town and Taluk, Krishnagiri District.

Petitioner/Accused in both revisions Vs M/s.Sree Gokulam Chits & Finance Company Pvt. Ltd., Rep by its Assistant Manager, P.Radhakrishnan, Hosur Branch, Krishnagiri District.

Respondent/Complainant in both revisions Common Prayer:Criminal Revision Cases filed under Sections 397 r/w 401 of Cr.P.C. praying to set aside the judgment passed by the learned Principal District and Sessions Judge, Krishnagiri in C.A.Nos.50 and 51 of 2012, respectively, dated 24.01.2013 confirming the judgment passed by the learned Judicial Magistrate, Fast Track Court, Hosur in S.T.C.No.24 and 32 of 2011, respectively, dated 23.07.2012 by allowing these revisions.

For Petitioner : Mr.G.M.Ananthakumar in both cases For Respondent : Mr.R.Tamizharasan in both cases for Mr.L.Rajasekar

COMMON O RDER

This Court, on 25.11.2025, had passed the following order: “The petitioner was convicted by the trial Court for offence under Section 138 of the Negotiable Instruments Act on the complaint given by the respondent for being a defaulter in payment of the chit amount to the respondent/chit company. Aggrieved by the said conviction, the petitioner preferred an appeal before the Sessions Court and the Sessions Court confirmed the conviction of the trial Court, against which, the present revisions have been filed.

2. Today, there is no representation for the petitioner.

3. On the previous hearing date, i.e., on 12.11.2025, the petitioner paid the entire cheque amount of Rs.72,023/- and Rs.12,90,593 by way of Demand Draft and the same was received by the respondent's counsel one Mr.Tamizharasan. At that time, the learned counsel for the respondent agreed to cancel the MOD. On that understanding the amount was paid by way of Demand Draft. Now the learned counsel for the respondent/complainant submits that the petitioner has yet another due to the respondent-chit company to the tune of Rs.28 lakhs and the MOD is covering that chit amount also.

For the first time such plea is taken.

4. The learned counsel for the respondent fairly submitted that he is holding the Demand Drafts and not encashed the same.

5. In view of the above, the respondent-chit company is directed to file an affidavit giving details about the MOD as to whether it covers other dues also.

6. Post these cases on 28.11.2025 under the caption 'For Orders'.”

2.In continuation and conjunction to the earlier order passed by this Court on 25.11.2025, today the respondent-chit company represented by Vice Chairman Mr.V.C.Praveen had filed an affidavit in both cases, which are identical and one and the same. The affidavits of the respondent reads as follows:

“I, V.C. PRAVEEN, son of Padmanabhan, Hindu, aged about

53 years, having his office No: 66, Arcot Road, Kodambakkam, Chennai 600 024, do hereby solemnly affirm and sincerely state as follows:

1. I state that I am the Vice Chairman of the Respondent Company herein. I state that I am fully acquainted with the facts and circumstances of this case.

2. I state that the petitioner has filed the above said Criminal Revision challenging the Judgement passed in C.A.Nos: 50 and 51 of 2012 by the Hon'ble Principal Sessions Judge, Krishnagiri, confirming the Judgement passed by the Trial Court in S.T.C. Nos: 24 and 32 of 2011 by the Hon'ble Fast Track Court, Hosur. I state that on 09.10.2018 this Hon'ble court was pleased to dismiss the revisions for Non Prosecution.

3. I state that the petitioner has filed a Criminal Miscellaneous petitions in Crl.M.P. Nos: 20689 and 20690 of 2025 before this Hon'ble Court to restore the said Revision Cases. I state that during the hearing on 12.11.2025 the petitioner has handed over the demand drafts for a sum of Rs.72,023/- and Rs. 12,90,593/- respectively to my counsel. I state that the petitioner has further requested this Hon'ble Court