CRL A/654/2026 of A.Thirumalvalavan Vs Karthik Dev on 24 September 2026

JUDGMENT

The Criminal Appeal has been filed to set aside the judgment of acquittal dated 24.02.2026, passed by the learned I Additional Sessions Judge, V Additional Court (FAC) City Civil Court at Chennai in Crl.A.No.1062 of 2024 for the offence U/s.138 of the Negotiable Instrument Act.

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2. This Court, by order dated 23.09.2026, passed the following order: “The learned counsel for the appellant submitted that the appellant had filed a complaint against the respondent under Section 138 of the Negotiable Instruments Act. The trial Court, after completion of trial, convicted the respondent for the offence under Section 138 of the Negotiable Instruments Act and sentenced him to undergo one year simple imprisonment and also directed him to pay Rs.11,50,000/- as compensation to the complainant. Aggrieved by the same, the respondent had preferred an appeal before the Sessions Court. The learned Sessions Judge allowed the appeal by setting aside the judgment passed by the trial Court. Challenging the same, the complainant has filed the present appeal.

2. The learned counsel further submitted that the respondent admitted that he is the friend of the appellant and he had a transaction year 2018 during which, the respondent received Rs.5 lakhs and repaid Rs.2,88,000/- through bank and Rs.2,50,000/- by way of cash. However, in his reply to the statutory notice/Ex.P.4, the respondent has stated that there was a transaction only from 2022 and there was no transaction in the year 2018. Further, he has stated that the appellant had demanded an exorbitant interest of 18% and later on, raised to 24%. Though

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the respondent states that he had repaid the amount, even for Rs.5 lakhs, he was unable to produce any document. Before the trial Court, the respondent was examined as D.W.1 and marked 2 documents as Exs.D1 and D2 which are fabricated one. Hence, the trial Court rightly convicted the respondent.

3. At the time of advancing arguments, the learned counsel for the appellant referred to the bank statements marked as Ex.D1 and submitted that the statements are not in complete form and several pages were missing.

4. At this juncture, the learned counsel for the respondent produced a copy of Ex.D1 and submitted that even in Paragraph 16 of the judgment of the lower appellate Court, it has been recorded that Ex.D1 contains 52 pages out of which, Page No.1, 2, 7, 8, 33 to 40, 43, 44, 51 and 52 were alone produced by the accused and the remaining page Nos.3 to 6, 9 to 32, 41, 42,, 45 to 50 were not produced by the accused.

5. The learned counsel for the respondent objected the contentions of the learned counsel for the appellant and submitted that even in his complaint, the appellant had admitted that he had received 4 blank cheques from the respondent. Those blank cheques have been misused by the appellant and the case has been projected. He further submitted that, payments were made regularly by the respondent through bank and the same has been recorded by the

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lower appellate Court in paragraph 16 of its judgment as per which, Rs.1,75,500/- had been paid by the respondent. Further, Ex.D2/whats app messages would also confirm that there had been regular payments by the respondent. He fairly submitted that in communication dated 03.02.2023, the respondent admitted that he had to pay balance of Rs.6,35,000/- and he would shortly pay the same. Thereafter, on 30.03.2023, the respondent deposited Rs.25,000/- and he has to pay the balance of Rs.6,10,000/-, which he is now ready to pay. With regard to his sister’s account, it is a separate transaction and it is for the appellant to take appropriate steps to recover the same. As far as the respondent is concerned, now he is ready to pay Rs.6,10,000/-, out of which, he has already deposited Rs.2 lakhs before the trial Court at the time of admission of the appeal and that he is ready to produce the copy of the receipt.

6. The learned counsel for the respondent also submitted that he is ready to file an affidavit admitting a liability of Rs.6,10,000/- and after adjusting the amount already deposited before the trial court, he is ready to pay the balance amount of Rs.4.10 lakhs within two weeks.

7. The counsel for the appellant without going into the other contentions, agrees for the same.

8. Post the matter on 24.09.2026 for filing undertaking affidavit and for orders.”

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3. In continuation of and in conjunction with the above order, the respondent filed an affidavit today (24.09.2026) admitting liability for a sum of Rs.6,10,000/- payable to the appellant. The respondent has already deposited a sum of Rs.2,00,000/- before the trial Court and has no objection to the appellant withdrawing this amount along with accrued interest if any. Further, the respondent is ready and willing to pay the remaining balance of Rs.4,10,000/- to the appellant within a reasonable time, as may be directed by this Court. A copy of receipt No.06895, confirming the deposit of Rs.2,00,000/- to the credit of Metropolitan Magistrate, Fast Track Court-II (Magisterial Level), Egmore, Allikulam, Chennai, dated 04.02.2025 has also been enclosed. The relevant paragraphs of the affidavit are extracted as follows: “2. I respectfully submit that, during the trial proceedings, I examined myself as D.W.I and marked Ex.D-1 and Ex.D-2 before the learned Trial Court. Ex.D-2 consists of the WhatsApp communications exchanged between the appellant and myself, wherein the appellant had stated that the outstanding amount as on 03.02.2023 was Rs.6,35,000/- payable to him. I had also confirmed the said outstanding amount in the subsequent communication. Accordingly, I admit that a sum of Rs.6,35,000/- was outstanding and payable to the appellant as stated therein.

3. I further submit that, subsequent thereto, I had paid a sum of Rs.25,000/- to the appellant by way of online transfer. Consequently, the balance amount payable to the appellant is Rs.6,10,000/-. I further submit that, pursuant to the direction of the learned Appellate Court, I had deposited a sum of

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Rs.2,00,000/- before the learned Trial Court, and the said amount is presently lying to the credit of the case.

4. I respectfully submit that I am ready and willing to pay the remaining balance amount of Rs.4,10,000/- to the appellant, subject to the orders and directions of this Hon'ble Court. I therefore respectfully request this Hon'ble Court to grant me reasonable time to pay the said balance amount of Rs.4,10,000/-. I further submit that I have no objection whatsoever to the appellant withdrawing the sum of Rs.2,00,000/- already deposited by me before the learned Trial Court, subject to the orders of this Hon'ble Court.

6. I respectfully submit that the present affidavit is being filed voluntarily and with my full consent, with a view to bringing an end to the dispute between the parties. I undertake to abide by the orders that may be passed by this Hon'ble Court in respect of the payment of the balance amount. It is therefore most respectfully prayed that this Hon'ble Court may be pleased to allow this affidavit of consent and undertaking filed by the respondent on record and permit the respondent to pay the balance sum of Rs.4,10,000/- to the appellant within such time and in such manner as may be fixed by this Hon'ble Court and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice.”

4. The learned counsel for the appellant accepts the same.

5. In view of the above, this Court is inclined to accept the compromise and compound the case between the appellant and respondent.

6. Accordingly, the appellant is permitted to withdraw the sum of Rs.2,00,000/- (Rupees Two Lakhs Only), already deposited by the respondent

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before the trial Court, along with accrued interest if any, by filing an appropriate petition before the trial Court. Since the respondent has explicitly stated no objection, issuance of notice to the respondent is dispensed with and the trial Court is directed to release the amount to the appellant.

7. With regard to the balance payment of Rs.4,10,000/- (Rupees Four Lakhs Ten Thousand Only), the respondent is directed to pay the same to the appellant on or before 26.10.2026.

8. With the above conditions, this appeal is disposed of.

9. The conviction of the respondent imposed by the learned Metropolitan Magisterate, Fast Track-II (Magisterial Level), Egmore, Allikulam, Chennai, vide judgment dated 11.11.2024 in STC No.11714 of 2023, is hereby set aside and the respondent is discharged from the above case.

10. It is made clear that in the event of any violation of this order or failure to make the balance payment to the appellant, this order shall stand automatically recalled and the appeal shall stand revived for disposal on merits. 24-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KSA-2

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To

1. The I Additional Sessions Judge, V Additional Court (FAC) City Civil Court at Chennai

2. The Metropolitan Magistrate, Fast Track-II (Magisterial Level), Egmore @ Allikulam, Chennai

CRL A No. 654 of 2026

M.NIRMAL KUMAR, J. KSA-2 CRL A No. 654 of 2026 24-09-2026