IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 26.11.2025 Coram:

The Honourable Mrs.Justice T.V.THAMILSELVI Crl.R.C.No.271 of 2025 Mr.Arputham ...Petitioner Versus Mrs.T.Thilagam ...Respondent This Criminal Revision Case is filed under Section 438 & 442 of BNSS, 2023 praying to call for the records relating to the Judgment and Sentence dated 02.12.2024 passed by the learned XVIII Additional City Civil Court, Chennai in C.A.No.527 of 2023 by confirming the Judgment and Sentence dated 17.08.2023 passed by the learned Metropolitan Magistrate Fast Track Court at Magistrate Level – I, Egmore at Allikulam, Chennai and set aside the same by allowing the above Revision Petition.

For Petitioner : Mr.Om Sai Ram For Respondent : Mr.Nagaraj

ORDER

This Criminal Revision Case has been filed by the petitioner praying to set aside the Judgment dated 02.12.2024 in C.A.No.527 of 2023 passed by the learned XVIII Additional Judge, City Civil Judge, Chennai, confirming the Judgment dated 17.08.2023 in C.C.No.1181 of 2021 passed by the learned Metropolitan Magistrate, Fast Track Court at Magistrate Level – I, Egmore at Allikulam, Chennai.

2. The brief facts of the case are as follows:

The petitioner/accused had obtained a sum of Rs.1,50,000/- as loan from the respondent/complainant in the month of March, 2019. At the time of obtaining the said loan, petitioner/accused had promised to repay the loan amount when respondent/complainant demands for repayment of loan. However, when the respondent/complainant demanded the petitioner/accused to repay the loan, petitioner/accused had issued a Cheque bearing No.376544 dated 10.12.2020 for a sum of Rs.1,50,000/- to respondent/complainant. On the very same day, respondent/complainant had presented the said cheque for encashment, but, the same was returned unpaid for the reason, “Funds Insufficient”. Hence, respondent/complainant had issued a Legal Notice dated 21.12.2020 to petitioner/accused calling upon him to pay the cheque amount, within 15 days from the date of receipt of the legal notice, but, even after the receipt of said legal notice, petitioner/accused did not come forward to repay the cheque amount. Therefore, respondent/complainant had preferred a complaint against the petitioner/accused for the offence under Section 138 of the Negotiable Instruments Act, 1881. The learned Metropolitan Magistrate, Fast Track Court – I, Egmore at Allikulam, Chennai had taken the said complaint on file in C.C.No.1181 of 2021.

3. Before the Trial Court, on the side of complainant, respondent/complainant examined herself as P.W.1 and 4 documents were marked as Exhibits P1 to P4. On the side of accused, one Mrs.Chitra was examined as D.W.1 and 3 documents were marked as Exhibits D1 to D3.

4. On appreciation of the oral and documentary evidence, Trial Court had held that petitioner/accused is found guilty under Section 138 of Negotiable Instruments Act. Therefore, the Trial Court vide Judgment dated 17.08.2023 in C.C.No.1181 of 2023, convicted the petitioner/accused and sentenced him to undergo 1 year simple imprisonment and to pay the cheque amount as compensation to respondent/complainant within 1 month, in default, to undergo 3 months simple imprisonment.

5. Aggrieved by the judgment passed by the Trial Court, petitioner/accused had preferred Criminal Appeal No.527 of 2023 before the XVIII Additional City Civil Court, Chennai. However, 1^st Appellate Court vide Judgment dated 02.12.2024, dismissed the said Criminal Appeal by confirming the judgment of the Trial Court. Hence, petitioner/accused has filed this Criminal Revision Case for the relief stated supra.

6. The learned counsel for petitioner/accused and the learned counsel appeared on behalf of respondent/complainant submitted in unison that this Court vide Order dated 09.10.2025, referred the matter to Tamil Nadu Mediation and Conciliation Centre, High Court, Madras and directed the parties to appear before the Mediator on 27.10.2025.

6.1. It is further submitted by