BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.02.2026 CORAM THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ CRL.R.C.(MD)No.1433 of 2023 S.Ramar ... Petitioner vs.

V.S.Shanthi ... Respondent PRAYER: Criminal Revision Petition is filed under Section 397 r/w 401 of Cr.P.C, to call for the records relating to the conviction and sentence passed in C.C.No.224 of 2018 on the file of Judicial Magistrate, Aruppukottai, dated 30.12.2022, confirmed by Additional District and Sessions Judge, Virudhunagar in Crl.A.No.14 of 2023, dated 15.11.2023 and set aside the same and consequently allow the present Criminal Revision Case.

For Petitioner : Mr.J.Anandkumar For Respondent : Mr.P.Ganapathi Subramanian

O R D E R

Heard Mr.J.Anandkumar, learned Counsel for Revision Petitioner and Mr.P.Ganapathi Subramanian, learned Counsel for Respondent.

2. This Criminal Revision Case has been filed challenging the order of conviction passed by Judicial Magistrate, Aruppukottai in C.C.No.224 of 2018 dated 30.12.2022 for offence under Section 138 of Negotiable Instruments Act, which was confirmed by Additional District and Sessions Judge, Virudhunagar in Crl.A.No.14 of 2023, dated

15.11.2023.

3. Mr.J.Anandkumar, learned Counsel for Revision Petitioner would submit that Petitioner was convicted by Judicial Magistrate, Aruppukottai in C.C.No.224 of 2018 for offence under Section 138 of NI Act and sentenced to undergo Simple Imprisonment for six months and to pay Rs.10,00,000/- towards compensation to Respondent, in default, to undergo Simple Imprisonment for two months.

3.1.Aggrieved, Petitioner filed criminal appeal in Crl.A.No.14 of

2023 before Additional District and Sessions Judge, Virudhunagar and the lower Appellate Court, by the judgment dated 15.11.2023 confirmed the judgment passed by Trial Court.

4. Learned Counsel for Petitioner would submit that out of Rs.10,00,000/-, Petitioner paid 20% of the cheque amount ie., Rs.2,00,000/- before Appellate Court and thereafter as per the order of this Court while granting suspension of sentence, has paid Rs.3,00,000/-. Thus, Petitioner deposited Rs.5,00,000/- to the credit of C.C.No.224 of 2018 on the file of Judicial Magistrate, Aruppukottai.

5. Learned Counsel for Petitioner would further submit that out of the remaining amount of Rs. 5,00,000/-, Petitioner is ready to deposit the same in three installments, i.e., the 1^st installment of Rs.2,00,000/- will be paid on or before 01.03.2026, the 2^nd installment of Rs.1,50,000/- will be paid on or before 01.04.2026, and the 3^rd installment of Rs.1,50,000/- will be paid on or before 01.05.2026, to the credit of C.C. No. 224 of 2018 on the file of the Judicial Magistrate, Aruppukottai. An affidavit of undertaking dated 18.02.2026 has also been filed to that effect, and the same is extracted hereunder:

AFFIDAVIT OF UNDERTAKING I, S.Ramar, son of M.S.Sowdaiyan, Hindu, aged about 62 years residing at Old No.74, New No.27, Nehru Nagar 1st Street, T.V.S. Nagar, Madurai-625

003 now come down to Madurai do hereby solemnly affirm and sincerely state as follows:

1. I submit that I am the petitioner herein and the petitioner in the main Criminal Revision Case and as such I am well acquainted with the facts and circumstances of the case.

2. I submit that the respondent herein filed a private complaint based on 2 Cheques each Rs.5,00,000/-for a sum of Rs.10,00,000/- before the Learned Judicial Magistrate, Aruppukottai under Section 138 of Negotiable Instrument Act in C.C No. 224 of 2018 and the Learned Judicial Magistrate by the Judgment dated 30.12.2022 convicted me. As against the said judgment of conviction, I have filed Criminal Appeal before the Additional District Judge, Virudhunagar in Crl.A.No.14 of 2023. The Appellate court also on an erroneous consideration dismissed the appeal by Judgment and conviction dated

15.11.2023.

3. I submit that aggrieved over the Judgments and conviction of the courts below, I preferred the present Criminal Revision Case in Crl.R.C(MD) No.

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