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Crl.R.C. No. 1785 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.01.2026

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN

Crl.R.C. No. 1785 of 2023

D. Jebamanickam

S/o. Devasagayam,

Proprietor of

Meridian Man Power Association,

Residing at No. 39/1A,

North Brade Road,

St. Thomas Mount,

Chennai 600 016. ..Petitioner

Vs.

G. Muthuraman,

S/o. Guruswamy,

Residing at No.34/104,

Brindavan Nagar,

Kesavardhini,

Valasaravakkam,

Chennai 600 087. ..Respondent

Prayer: Criminal Revision Petition filed under Section 438 r/w 442 of

BNSS to set aside the judgment dated 23.06.2023 passed in C.A. No. 8 of

2021 by the learned III Additional District and Sessions Judge, Thiruvallur

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Crl.R.C. No. 1785 of 2023

confirming the judgment dated 30.12.2020 passed in S.T.C. No. 268 of 2016

by the learned Judicial Magistrate, Fast Track Court (Magisterial Level II),

Poonamallee.

For Petitioner :: Mr.M. Prabhakar

For Respondent :: Mr.K. Alakendran

O R D E R

The revision challenges the judgment dated 23.06.2023 passed in

Crl.A. No. 8 of 2021 by the learned III Additional District and Sessions

Judge, Tiruvallur at Poonamallee confirming the judgment dated 30.12.2020

in S.T.C. No. 268 of 2016 passed by the learned Judicial Magistrate, Fast

Track Court (Magisterial Level II) Poonamallee convicting the petitioner for

the offence under Section 138 of Negotiable Instruments Act and sentencing

him to undergo simple imprisonment for six months and to pay

compensation of Rs.22,25,000/- and in default to undergo simple

imprisonment for two weeks.

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Crl.R.C. No. 1785 of 2023

2. It is the case of the respondent/complainant that the

during the month of December, 2012, the petitioner approached the

respondent for a loan as he had financial crisis; that he had obtained loan of

a sum of Rs.30 lakhs and executed a document evidencing the receipt of the

loan on 06.12.2012; that he had promised to repay the debt by paying Rs.

5 lakhs every month; that the petitioner never paid the agreed amount; that

after several demands, the petitioner issued a cheque bearing No. 0489073

dated 10.05.2013 to the tune of Rs. 22,25,000/- towards discharge of his

liability in part; that the cheque, when presented for collection, was returned

for the reason ‘Account Closed’; that the respondent issued the statutory

notice; that instead of paying the amount covered under the cheque, the

petitioner had sent a reply to the said notice containing false averments and

thus, committed the aforesaid offence.

3. Before the Trial Court, the respondent examined himself

as P.W.1 and marked Exs. P1 to P6; the Trial Court found that the

respondent had established that the cheque was issued by the petitioner; that

the petitioner had not rebutted the statutory presumption and held the

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Crl.R.C. No. 1785 of 2023

petitioner guilty of the aforesaid offence and sentenced him as stated above.

The Appellate Court confirmed the said judgment of conviction and

sentence.

4. Learned counsel for the petitioner would submit that the

petitioner had rebutted the statutory presumption by eliciting certain facts in

the cross-examination of P.W.1; that in the reply notice, the petitioner had

stated that the document which was marked as Ex.P1 was obtained under

threat; that the petitioner had lodged a complaint before the Police and that

no action was taken on his complaint; that in the cross-examination, P.W.1

had admitted that there was an earlier transaction in the year 2010 in which

the petitioner had borrowed a sum of Rs.15 lakhs and had repaid the said

sum, which suggests that the cheque in question was issued as a security in

respect of the said transaction; that in the cross-examination, the respondent

was unable to prove his source of income and had given evasive replies as

regards his source for financing Rs.30 lakhs; that t