Madras High Court
CRL RC/432/2022 of RENGANATHAN Vs S.VEERAPANDIAN on 23 September 2026
CRL RC No. 432 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-09-2026
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
CRL RC No. 432 of 2022
CNR: {HCMA010411022020}
Renganathan
..Petitioner(s)
Vs
S.Veerapandian
..Respondent(s)
Prayer: The Criminal Revision Petition is filed under Section 397 r/w 401 of Cr.P.C., to call for the records and set aside the Judgment in Crl.A.No.43 of 2018 dated 09.10.2018 passed by the II Additional District and Sessions Court, Chidambaram modifying the conviction Judgment made in STC.No.20 of 2016
dated 12.04.2018 passed by the learned Judicial Magistrate No.I, Chidambaram and set the petitioner at liberty.
For Petitioner(s):
Mr. G.Pugazhenthi
For Respondent(s):
Ms.Jayasri Baskar
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ORDER
The Revision challenges the Judgment passed in CA.No.43 of 2018 modifying the Judgment passed in STC.No.20 of 2016 and holding the petitioner guilty of the offences under Section 138 of the NI Act and sentencing him to undergo one year simple imprisonment and to pay a sum of Rs.3,50,000/- as compensation to the respondent.
CRL RC No. 432 of 2022
2. It is case of the respondent that the petitioner had borrowed a sum of Rs.2,50,000/-; that for the discharge of the said debt, he had issued a cheque on 31.07.2015 for the said sum; that when the respondent presented the said cheque for collection, it was returned with an endorsement 'funds insufficient'; and in spite of statutory notice, the petitioner did not make any payment.
3. The respondent examined himself as PW1 and one Nagan, Branch Manager of Indian Bank was examined as PW2 and marked Exts.P1 to P5. The petitioner did not examine any witness, but had filed two documents to show that he had returned Rs.9,000/- on 16.04.2008 and Rs.10,000/- on 21.11.2007.
4. The trial Court found that the respondent had established that the cheque was issued for a legally enforceable debt; that the petitioner did not rebut the statutory presumption; and held that the documents filed by the petitioner had nothing to do with the prosecution. The trial Court therefore, found the petitioner guilty of the offence under Section 138 of the NI Act and sentenced him to undergo one year and six months simple imprisonment and to pay double the cheque amount as compensation to the respondent. The appellate Court confirmed the finding of guilt. However, modified the sentence imposed by the trial Court to six months simple imprisonment and to pay a fine of Rs.3,50,000/- as compensation to the respondent.
CRL RC No. 432 of 2022
5. The learned counsel for the petitioner would submit that admittedly, the petitioner had deposited the entire cheque amount pending this Revision and the said sum has been withdrawn by the respondent pursuant to the orders of this Court. This fact is not disputed by the learned counsel for the respondent.
6. This Court is unable to fault the findings of guilt rendered by the Courts below. As regards the sentence, in view of the fact that the entire cheque amount has been deposited and withdrawn by the respondent, this Court is of the view that interest of justice would be met if the sentence of imprisonment is set aside and the petitioner is directed to pay a fine of Rs.1,50,000/- (Rupees One Lakh and Fifty Thousand only) within a period of four(4) weeks and in default, to undergo simple imprisonment for a period of three months. The said sum shall be paid as compensation to the respondent/complainant. The above amount has been fixed taking into consideration the date of the cheque and the reasonable interest that the respondent would have earned on the money.
7. The Criminal Revision Petition is disposed of accordingly. 23-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No TSG
CRL RC No. 432 of 2022
SUNDER MOHAN, J. TSG To
1. The Judicial Magistrate No.I, Chidambaram.
2. The II Additional District and Sessions Court, Chidambaram. CRL RC No. 432 of 2022 23-09-2026