Madras High Court
CRL RC/250/2022 of S.ISRAEL ARUL Vs PUSHPA AGARVAL on 21 September 2026
Crl.RC.No.250 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.09.2026
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
Crl.RC.No.250 of 2022
CNR: {HCMA010196512020}
S.Israel Arul
Proprietor (Authorised Signatory),
Joseph CNC,
No.171/71, Tass Industrial Estate,
Ambattur, Chennai.
Residence:-
No.358, M.T.H. Road, Opp. Canara Bank,
Ambattur, Chennai – 53.
..Petitioner(s)
Vs.
Pushpa Agarval
Proprietor,
Mata Steels,
D.P.No.112/4, (S.P.) 2nd Main Road,
Ambattur Industrial Estate, Chennai – 600 058.
Rep. by her Manager & Power of Attorney, Mr.C.Yoganathan.
..Respondent(s)
Prayer: Criminal Revision Case filed under Section 397 r/w. 401 of Cr.P.C., seeking to call for the records in Crl.A.No.41 of 2018 on the file of the IV
Additional Session Court, Chennai and set aside the order dated 27.08.2019, confirming the conviction and the sentence passed by the Metropolitan Magistrate, Fast Track Court No.II, Egmore, Allikulam, Chennai in
C.C.No.3146 of 2016 by a judgment dated 04.01.2018, by allowing this revision.
For Petitioner(s)
: Mr.K.Balasubramaniam
For Respondent(s)
: Mr.R.Muthukumar
Crl.RC.No.250 of 2022
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ORDER
This revision challenges the judgment dated 27.08.2019 passed in Crl.A.No.41 of 2018 by the learned IV Additional Sessions Judge, Chennai, confirming the judgment dated 04.01.2018 passed by the learned Metropolitan Magistrate, Fast Track Court No.II, Egmore, Allikulam, Chennai in C.C.No.3146 of 2016, holding the petitioner guilty of the offence under Section 138 of the NI Act and sentencing him to one year simple imprisonment and to pay the cheque amount of Rs.1,80,000/-, and in default, to undergo three months simple imprisonment.
2. Learned counsel for the petitioner would submit that the petitioner has not assailed the finding of guilt rendered by the Courts below. However, he would state that the cheque amount is only Rs.90,000/-; whereas, the Courts below have erroneously stated that the cheque amount is Rs.1,80,000/- and therefore, the sentence imposed by the Trial Court and the subsequent judgment of the lower appellate court, confirming the judgment of the trial court, are erroneous. He would further submit that, pursuant to the orders of this Court, the petitioner had already deposited Rs.90,000/- to the credit of C.C.No.3146 of 2016 before the learned Metropolitan Magistrate, Fast Track Court No.II, Egmore, Allikulam, Chennai.
Crl.RC.No.250 of 2022
3. Per contra, learned counsel appearing for the respondent submits that though there is an error in stating that the cheque amount as Rs.1,80,000/- instead of Rs.90,000/-, what the Courts below meant was that the petitioner has to pay double the cheque amount as compensation and therefore, there is no infirmity whatsoever in the judgments passed by the Courts below.
4. Heard both sides and perused the materials available on record.
5. Considering the fact that the petitioner is unable to point out any infirmity in the finding of guilt by the Courts below, and that the object of Section 138 of the Negotiable Instruments Act is to compensate the complainant, this Court is of the view that interests of justice would be met if the sentence of imprisonment is set aside.
6. In view of the above, the sentence of imprisonment imposed on the petitioner is hereby set aside and the petitioner is directed to pay a sum of Rs.1,80,000/-, being the amount double the cheque amount, as fine. The deposit already made by the petitioner to the credit of C.C.No.3146 of 2016 shall be adjusted towards the fine and the balance amount of Rs.90,000/- shall be deposited within a period of three weeks, failing which the petitioner shall suffer three months simple imprisonment.
Crl.RC.No.250 of 2022
7. On such deposit, the respondent/complainant shall be entitled to receive the entire fine amount of Rs.1,80,000/- as compensation.
8. Further, the petitioner shall also furnish the copies of the receipt evidencing the deposit of Rs.90,000/- before the trial court to the respondent.
9. With the above directions and observations, this criminal revision stands disposed of. 21.09.2026 skt Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No To:
1. The IV Additional Sessions Judge, Chennai.
2. The Metropolitan Magistrate, Fast Track Court No.II, Egmore, Allikulam, Chennai.
Crl.RC.No.250 of 2022
SUNDER MOHAN, J. skt Crl.RC.No.250 of 2022 21.09.2026