Crl.R.C.No.1722 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2023

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

Crl.R.C.No.1722 of 2023 and

Crl.M.P.Nos.16435 & 20204 of 2023

I Gulzar Ahmed

... Petitioner

Vs.

G.Chandramouli

... Respondent

Prayer: Criminal Revision Petition filed under Sections 397 r/w. 401 of

Criminal Procedure Code, to call for the records in respect of the impugned

order dt.14.09.2023 in Crl.M.P.No.964/2023 passed by the Principal

District and Sessions Judge of Kancheepuram at Chengalpattu and set aside

the same and consequently allow my petition.

For Petitioner

:

Mr.A.Thirumaran

For Respondent

:

Mr.N.Soundararajan

ORDER

The petitioner was convicted by the learned Judicial Magistrate, Fast

Track Court at Magisterial Level, Alandur (trial Court) by judgment, dated

18.07.2022 in C.C.No.274 of 2017 and sentenced to undergo Simple

Imprisonment for one year and to pay compensation of Rs.25,00,000/- to the

respondent within one month, in default to undergo Simple Imprisonment

Page No.1 of 18

https://www.mhc.tn.gov.in/judis

Crl.R.C.No.1722 of 2023

for two months for offence under Section 138 of the Negotiable Instruments

Act, 1881. Aggrieved over the same, an appeal along with condone delay

petition were filed by the petitioner before the learned Principal District and

Sessions Judge of Kancheepuram District at Chengalpet (lower appellate

Court) in Crl.M.P.No.964 of 2023 in C.A.SR.No.631 of 2023. The lower

appellate Court, by order, dated 14.09.2023 dismissed the petition.

Challenging the same, the present Criminal Revision Case is filed.

2.Gist of the case is that the petitioner borrowed a sum of

Rs.20,00,000/- from the respondent for his car business in the month of

December 2015 with a promise to pay Rs.45,000/- per month as interest.

Initially, the petitioner paid interest for few months and thereafter when the

respondent demanded for repayment of the entire amount, the petitioner

promised to pay Rs.25,00,000/-. On 21.08.2017, the petitioner issued three

cheque Nos.810391, 910392 & 810393 for a sum of Rs.10,00,000/-,

Rs.10,00,000/- and Rs.5,00,000/- respectively to the respondent. When the

respondent presented three cheques for encashment in ICICI Bank,

Nanganallur Branch, Chennai, the same was returned 'Funds Insufficient'

Page No.2 of 18

https://www.mhc.tn.gov.in/judis

Crl.R.C.No.1722 of 2023

with a return memo, dated 17.10.2017. Thereafter, the respondent sent a

legal notice to repay the cheque amount, but the petitioner neither paid the

cheque amount nor made any reply. After following the statutory

provisions, the respondent filed a complaint before the trial Court for offence

under Section 138 of the Negotiable Instruments Act, 1881 in C.C.No.274

of 2017. During trial, the respondent examined himself as PW1 and marked

nine documents as Exs.P1 to P9. On the side of the petitioner/defence, no

witness examined but one document marked. On conclusion of trial, the

trial Court convicted the petitioner as stated above.

3.This Court on 12.10.2023, 06.11.2023, 23.11.2023 and 20.12.2023

passed the following orders:

Order, dated 12.10.2023:

“The petitioner/accused in C.C.No.274 of 2017 for the

offence under Section 138 of Negotiable Instruments Act,

1881 was convicted by the Trial Court by judgment dated

18.07.2022 and sentenced to undergo one year simple

imprisonment and to pay a compensation of Rs.25,00,000/-

to the respondent/complainant.

Page No.3 of 18

https://www.mhc.tn.gov.in/judis

Crl.R.C.No.1722 of 2023

2.Aggrieved against the same, the petitioner preferred

an appeal but with a delay of 174 days. Hence, he filed

Crl.M.P.No.964 of 2023 in C.A.SR.No.631 of 2023. During

the pendency of this petition, the respondent/complainant

filed Crl.O.P.No.5881 of 2022 before this Court seeking a

direction to consider the representation of the respondent

her