Madras High Court
CRL RC/1376/2026 of Mathiyalagan Vs Swatha on 23 September 2026
CRL.R.C.No.1376 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-09-2026
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
CRL RC No. 1376 of 2026
CNR: {HCMA013100082025}
Mathiyalagan
..Petitioner(s)
Vs
Swatha
..Respondent(s)
Prayer: Revision filed under Sections 397 and 401 of CR.P.C. and Section 438 r/w 442 of the BNSS Act, to call for the entire records and set aside the Judgment in C.A.No.31 of 2021 dated 03.09.2025 passed by the learned district and Sessions Judge, Athur, Salem District which confirmed the Judgment in STC.No.164 of 2018 dated 17.03.2021 on the file of the Judicial Magistrate, FTC, Athur.
For Petitioner(s):
Mr.S.Satheeshkumar
For Respondent(s):
Mr.P.A.Sai Govindaraja
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ORDER
The revision challenges the judgment passed in C.A.No.31 of 2021 dated 03.09.2025 passed by the learned District and Sessions Judge, Athur, Salem, confirming the judgment in S.T.C.No.164 of 2018 dated 17.03.2021 passed by the Judicial Magistrate, Fast Track Court, Athur.
2. It is the case of the respondent that the petitioner had borrowed a sum of Rs.4,00,000/- (Rupees Four Lakhs Only) and towards discharge of the said liability, has issued a cheque for Rs.4,00,000/- (Rupees Four
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CRL.R.C.No.1376 of 2026
Lakhs Only) and when the said cheque was presented for collection, it was returned for the reason 'payment stopped by drawer" and in spite of issuing statutory notice, the petitioner did not make any payment.
3. The Trial Court and the Appellate Court found the petitioner guilty and sentenced him to undergo six months simple imprisonment and to pay Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only) as compensation.
4. The learned counsel for the petitioner would submit that, pending Trial, in the year 2019 the parties arrived at a settlement, by which, the respondent agreed to receive Rs.2,75,000/- (Rupees Two Lakhs Seventy Five Thousand Only) as full and final settlement of all her claim; that the petitioner had paid Rs.1,25,000/- (Rupees One Lakh Twenty Five Thousand Only) and could not pay the balance amount of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only) and that therefore, pending revision, had deposited the balance sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only) in two instalments.
5. The learned counsel for the respondent fairly conceded that there was a settlement arrived at, but since the petitioner did not keep up his promise and due to the delayed payments, the respondent is entitled to reasonable interest.
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CRL.R.C.No.1376 of 2026
6. Since the petitioner has now deposited sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only) by acknowledging his liability and the finding of guilt is not challenged, this Court confirms the finding of guilt. The object of Section 138 of the Negotiable Instruments Act is to compensate the complainant. Therefore, considering the above facts, this Court is of the view that the interest of justice would be met if the sentence of imprisonment is set aside and fine is imposed to compensate the respondent adequately for the delayed payment. Hence, the petitioner is directed to pay a fine of Rs.60,000/- (Rupees Sixty Thousand Only) within a period of three weeks from the date of receipt of copy of this order and in default, to serve three months simple imprisonment.
7. The respondent would be entitled to Rs.60,000/- (Rupees Sixty Thousand Only) as compensation from and out of the fine amount. The respondent is also permitted to withdraw the deposited amount of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only) to the credit of the Judicial Magistrate, Fast Track Court, Attur, Salem.
8. The Criminal Revision Case, as such, stands disposed of. Consequently, Crl.M.p.Nos.11600 and 11601 of 2026 are closed. 23-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No (drm)
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CRL.R.C.No.1376 of 2026
To:
1. The District and Sessions Judge, Athur, Salem.
2. The Judicial Magistrate, Fast Track Court, Attur, Salem.
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CRL.R.C.No.1376 of 2026
SUNDER MOHAN, J. (drm) CRL.R.C.No.1376 of 2026 23-09-2026
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