CRL RC/714/2025 of T.Balasubramani Vs C.Rajendran on 28 September 2026

COMMON ORDER

These Criminal Revision Cases have been filed challenging the judgments in Crl.A.Nos.683 of 2023, 685 of 2023 and 684 of 2023 confirming the conviction and sentence imposed in S.T.C.Nos.204 of 2022, 207 of 2022 and 198 of 2022 respectively.

2. It is the case of the respondent that the petitioner in Crl.R.C.No.715 of 2025 had obtained a loan of Rs.9 lakh on various occasions between January

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2020 and April 2021 and that, in order to discharge the said liability, he along with his wife and daughter had issued three cheques, one in each of the cases, in the following manner:

(i) In S.T.C.No.204 of 2022, the petitioner had issued a cheque bearing No.203282 dated 30.09.2021 for Rs.3,00,000/- drawn on Indian Bank, Jawahar Nagar Branch, Chennai. When the said cheque was presented for collection, it was returned unpaid with the endorsement "Payment stopped by drawer".

(ii) In S.T.C.No.207 of 2022, the petitioner had issued a cheque bearing No.861876 dated 30.09.2021 for Rs.4,00,000/- drawn on Indian Bank. When the said cheque was presented for collection, it was returned unpaid with the endorsement "Funds Insufficient".

(iii) In S.T.C.No.198 of 2022, the petitioner had issued a cheque bearing No.098174 dated 30.09.2021 for Rs.2,00,000/- drawn on Axis Bank, Aminjikarai Branch, Chennai. When the said cheque was presented for collection, it was returned unpaid with the endorsement "Funds Insufficient".

3. In spite of the statutory notices, the petitioners did not make any payment. Therefore, three complaints were lodged by the respondent. The respondent examined himself as PW1 and marked documents. The petitioners examined themselves as DW1/DW2, as the case may be, and the petitioners had marked the statements of accounts in the respective cases. The Trial Court, after

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considering the evidence on record, had found that the petitioners had admitted their signatures in the respective cheques.

4. Since the loan was obtained by the petitioner in Crl.R.C.No.715 of 2025 and the three cheques were issued in discharge of the said liability by his family members, the Criminal Revisions arising out of the aforesaid complaints, are decided by this common order.

5. The only defence of the petitioners is that they borrowed only Rs.7 lakh and were not due to pay Rs.9 lakh as claimed by the respondent. Considering the evidence and the admissions made by the parties, the Trial Court found that the cheques were issued for a legally enforceable debt and sentenced the petitioners to undergo one year of simple imprisonment and the cheque amount as fine. The appellate Court confirmed the said conviction and sentence.

6. This Court finds absolutely no infirmity in the finding of the guilt recorded by the Courts below as nothing has been shown to hold that the findings are perverse.

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7. However, it is seen that out of the amount of Rs.9 lakhs, the respondent has admitted the receipt of Rs.6 lakh pending the appeal and the revision before this Court, out of which, Rs.1,80,000/- was deposited in Court by the petitioner and subsequently withdrawn. It is the case of the petitioners that they had paid Rs.7,50,000/-, which is denied by the respondent.

8. The object of the Section 138 of the NI Act is to compensate the complainant and therefore, this Court is of the view that interest of justice would be met if the sentence imposed by the Trial Court is modified and the petitioner in each of the cases is directed to pay a fine of Rs.1,05,000/- within a period of four weeks in default to suffer three months SI. Out of the fine amount deposit, the respondent shall be entitled to compensation of Rs.1,00,000/-.

9. Accordingly, in Crl.R.C.No.714 of 2025, arising out of the judgment passed in Crl.A.No.683 of 2023 confirming the judgment dated 13.10.2023 passed in S.T.C.No.204 of 2022, the sentence imposed by the Trial Court is set aside. The petitioner is instead directed to pay a fine of Rs.1,05,000/- within a period of four weeks, in default to suffer three months S.I. Out of the fine amount deposited, the respondent shall be entitled to compensation of Rs.1,00,000/-.

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10. In Crl.R.C.No.715 of 2025, arising out of the judgment passed in Crl.A.No.685 of 2023 confirming the judgment dated 13.10.2023 passed in S.T.C.No.207 of 2022, the sentence imposed by the Trial Court is set aside. The petitioner is instead directed to pay a fine of Rs.1,05,000/- within a period of four weeks, in default to suffer three months S.I. Out of the fine amount deposited, the respondent shall be entitled to compensation of Rs.1,00,000/-.

11. In Crl.R.C.No.716 of 2025, arising out of the judgment passed in Crl.A.No.684 of 2023 confirming the judgment dated 13.10.2023 passed in S.T.C.No.198 of 2022, the sentence imposed by the Trial Court is set aside. The petitioner is instead directed to pay a fine of Rs.1,05,000/- within a period of four weeks, in default to suffer three months S.I. Out of the fine amount deposited, the respondent shall be entitled to compensation of Rs.1,00,000/-.

12. The Criminal Revision Cases are disposed of accordingly. 28-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No TSG

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To

1. The I Additional Judge, City Civil Court, Chennai.

2. The Fast Track Court-I, Allikulam Campus at Egmore, Chennai.

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SUNDER MOHAN J. TSG Crl.R.C.Nos.714, 715 & 716 of 2025 28-09-2026

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