IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :14.09.2021

CORAM:

THE HON'BLE MR.JUSTICE P.VELMURUGAN

CRL.R.C.NOS.540,541, 542 & 543 OF 2021

AND

CRL.M.P.NOS.8981, 8978, 8984 & 8988 OF 2021

Shine Kumar,

Proprietor,

M/s.Chillies,

1362, LIG-1, TNEB, 8^th Street,

Velacherry,

Chennai – 600 042.

... Petitioner/Accused in all Crl.R.Cs.

Versus

M/s.Tea & Tiffin Stall,

Rep by its Proprietor,

V.Sampath,

Son of Valli Gounder,

No.7, Reddy Street,

Athipet, Ambattur,

Chennai – 600 058.

... Respondent/Complainant in all Crl.R.Cs.

COMMON PRAYER: Criminal Revision Petitions filed under Section

397 r/w Section 401 of the Code of Criminal Procedure, to call

for the records and set aside the judgment in

Crl.Appeal.Nos.204, 201, 202, 205 of 2018 by III Additional

District & Sessions Judge, Tiruvallur at Poonamallee dated

17.03.2021 confirming the order of conviction in C.C.Nos.233,

230, 231, 234 of 2017 passed by the Judicial Magistrate, Fast

Track Court at Ambattur(ML) dated 26^th October 2018, 8 months

simple imprisonment sentence and direction to pay Rs.220,000/-

as compensation to the Complainant, in default one month simple

imprisonment.

https://hcservices.ecourts.gov.in/hcservices/

For Petitioner

: Mr.V.Arunagiri

COMMON ORDER

The Criminal Revision Petitions have been filed to call

for the records and set aside the judgment passed in

Crl.Appeal.Nos.204, 201, 202, 205 of 2018 on the file of the III

Additional District & Sessions Judge, Tiruvallur at Poonamallee,

confirming the order of conviction dated 26.10.2018 passed in

C.C.Nos.233, 230, 231, 234 of 2017 on the file of the the

Judicial Magistrate, Fast Track Court (Magisterial Level)

Ambattur.

2. The petitioner is the accused and respondent is the

complainant.

3. The respondent filed a private complaints against the

petitioner under section 190(1) (a) r/w 200 Cr.P.C, for the

offence under section 138 of the Negotiable Instruments Act

before the Judicial Magistrate, Fast Track Court (Magisterial

Level), Ambattur. The learned Magistrate taken cognizance of

the complaints in C.C.Nos.233, 230, 231, 234 of 2017 and after

the enquiry, convicted the petitioner for the offence under

section 138 of the Negotiable Instruments Act and sentenced him

to undergo eight months Simple Imprisonment and to pay

compensation of Rs.2,20,000/- within two months in default to

pay the compensation, to undergo further period of one month

simple imprisonment.

4. Challenging the said judgment of conviction and

sentence, the petitioner has filed the appeal before the

Principal District and Sessions Judge, Thiruvallur. The learned

Principal District and Sessions Judge taken the appeals on file

in Crl.Appeal.Nos.204, 201, 202, 205 of 2018 and made over the

same to the III Additional District and Sessions Judge,

Tiruvallur at Poonamalle. The learned Additional District and

Sessions Judge, after hearing the arguments advanced on

eitherside, considered the materials and also the judgment of

the learned Magistrate, dismissed the appeals and confirmed the

conviction and sentence passed by the Magistrate. Aggrieved

over the same, the accused has filed the present revision before

this Court.

https://hcservices.ecourts.gov.in/hcservices/

5. The learned counsel for the petitioner would submit

that the beneficiary of the cheque is only M.V.S.Tea & Tiffin

Stall, whereas the complaint is not filed by the M.V.S.Tea &

Tiffin Stall. Therefore, it is fatal to the case of the

complainant. Further, it not a legally enforciable debt and

given only liability to pay only to M/s.Chillies and where as

the proprietor of M/s.Chillies is not added as accused and

further he would submit that statutory notice was not served to

the petitioner and in the complaint itself, the respondent has

stated that the p