Crl.R.C..(MD).No.471 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.09.2025 CORAM THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Crl.R.C.(MD).No.471 of 2021 K.Santhana Kumar ... Petitioner Vs. K.Manoharan ... Respondent PRAYER : Criminal Revision Case has been filed under Section 397 and 401 of the Criminal Procedure Code, to call for the records relating to the judgment passed in S.T.C.No.507 of 2013 dated 27.10.2017 on the file of the learned Judicial Magistrate No.II, Thiruchirappalli confirmed in C.A.No. 109 of 2017 dated 25.09.2019 on the file of the 1st Additional District and Sessions Judge (PCR), Thiruchirappalli and set aside the same and thereby acquit the petitioner. For Appellant : Mr.R.Ravindran For Respondent : Mr.R.Maheswaran https://www.mhc.tn.gov.in/judis Crl.R.C..(MD).No.471 of 2021 JUDGMENT This Criminal Revision case has been filed to set aside the impugned judgment dated 25.09.2019, made in C.A.No.109 of 2017 on the file of the 1st Additional District and Sessions Judge (PCR), Thiruchirappalli, confirming the judgment dated 27.10.2017 made in S.T.C.No.507 of 2013 on the file fo the learned Judicial Magistrate No.II, Thiruchirappalli. 2.The petitioner herein borrowed a sum of Rs.3,50,000/- (Rupees Three Lakhs and Fifty Thousand Only) from the respondent and executed a promissory note and agreed to repay the same with interest at 12% pa. Thereafter, the petitioner has not repaid the amount. Therefore, the respondent approached the petitioner and demanded to repay the amount. Hence, the petitioner issued a cheque bearing No.016601 dated 07.03.2013 drawn on M/s Syndicate Bank, Golden Rock Branch, Trichy for Rs. 4,00,000/- in favour of the respondent. The respondent presented the above said cheque for collection and the same has been returned with an endorsement “In sufficient funds”. Therefore, the respondent issued a legal https://www.mhc.tn.gov.in/judis Crl.R.C..(MD).No.471 of 2021 notice on 05.03.2013 and the petitioner has issued a reply notice dated 20.03.2013 with false allegation. In such circumstances, the respondent filed a complaint under Section 138 of the Negotiable Instruments Act, before the learned Judicial Magistrate No.II, Tiruchirappalli. The learned Judicial Magistrate No.II, has taken the complaint on file in S.T.C.No.507 of 2013. 3.Thereafter, on receipt of the summons, the petitioner appeared and contested the case. The learned trial Judge after confirming the evidence of P.W.1 and P.W.2 and perusing the documents Ex.P1 to Ex.P7 passed the conviction under Section 138 of Negotiable Instruments Act and sentenced him to undergo one year simple imprisonment and to pay a fine of Rs. 5,000/- in default to undergo three months simple imprisonment by judgment dated 27.10.2017. 4.Aggrieved over the same, the petitioner filed the Criminal Appeal in C.A.No.109 of 2017 on the file of the 1st Additional District and Sessions Court, Thiruchirappalli. The learned Appellate Judge also https://www.mhc.tn.gov.in/judis Crl.R.C..(MD).No.471 of 2021 confirmed the same. Hence, the petitioner preferred this Criminal revision case before this Court. 5.This Court heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent. 6.Today (16.09.2025), when the matter was taken up for hearing, as per the direction issued by this Court on 20.08.2025, the petitioner/accused has been produced before this Court by the police officials. The petitioner as well as the learned counsel for the petitioner submitted that the petitioner has already paid a sum of Rs.75,000/- to the credit of S.T.C.No.507 of 2013 on the file of the learned Judicial Magistrate No.II, Thiruchirappalli, out of the cheque amount of Rs.3,50,000/- and also willing to pay the remaining amount of Rs. 2,75,000/- in two installments. He has also produced an undertaking letter before this Court to that effect. The contents of the above said undertaking letter is as follows: https://www.mhc.tn.gov.in/judis Crl.R.C..(MD).No.471 of 2021 kDjhuh; jug;gpy; jhf;fy; nra;ag;gLk; cWjpnkhop thf;F%yk; vd;dntd;why;: ehd; vjph;kDjhuUf;F nrYj;j Ntz;ba nrf; njhif &.350000-y; fPo; Nfhh;l;by; ehd; nrYj;jpa &.75000 Nghf kPjpnjhif &.275000 j;jpid ,d;W Kjy; 3 khjfhyj;jpw;Fs; %d;W jtiz vjph; kDjhuuplk; NehpNyh my;yJ mth; mf;fTz;bNyh nrYj;jp tpLNtd; vd;W ,e;ePjpkd;wj;jpy; cWjp $wp ,e;j cWjpnkhop thf;F%yj;jpid jhf;fy; nra;fpNwd;. 7.In view of the above undertaking filed by the petitioner, the offence under Section 138 of the Negotiable Instruments Act stands compounded under Section 147 of the Negotiable Instruments Act. 8.Accordingly, the Criminal Revision Case is allowed on the following terms: 8.1.The conviction and sentence imposed by the learned 1st Additional District and Sessions Judge (PCR), Thiruchirappalli, confirming the judgment dated 27.10.2017 made in S.T.C.No.507 of 2013 on the file fo the learned Judicial Magistrate No.II, Thiruchirappalli is hereby set aside on https://www.mhc.tn.gov.in/judis Crl.R.C..(MD).No.471 of 2021 condition that the petitioner shall deposit a sum of Rs.2,75,000/- (Rupees Two Lakhs and Seventy Five Thousands Only) to the credit of S.T.C.No.507 of 2013 on the file of the learned Judicial Magistrate No.II, Thiruchirappalli, in three installments. The first installment amount of RS. The first installment amount of RS. 75,000/- (Rupees Seventy Five Thousands Only) should be deposited on or before 13.10.2025 and the second installment amount of Rs.1,00,000/- (Rupees One Lakh only) should be deposited on or before 14.11.2025. The third installment amount of Rs.1,00,000/- (Rupees One Lakh only) should be deposited on or before 15.12.2025. 8.2.In the event of failure to make the remaining amount of Rs. 2,75,000/- (Rupees Two Lakhs and Seventy Five Thousands Only) as stated above, the conviction and sentence passed by the learned Judicial Magistrate No.II, Thiruchirappalli in S.T.C.No.507 of 2013 dated 27.10.2017, shall be automatically restored. 8.3.Bail bond if any, executed by the accused shall stands discharged. Page 6 of 8 https://www.mhc.tn.gov.in/judis Crl.R.C..(MD).No.471 of 2021 9. List this case on 16.12.2025 under the caption for “reporting compliance”. 16.09.2025 NCC :Yes/No Index :Yes/No Internet :Yes/No sbn To: 1.The Judicial Magistrate No.II, Thiruchirappalli. 2.The I Additional District and Sessions Court, Thiruchirappalli. 3.The Section Officer, Criminal Section(Records), Madurai Bench of Madras High Court, Madurai. Page 7 of 8 https://www.mhc.tn.gov.in/judis Crl.R.C..(MD).No.471 of 2021 K.K.RAMAKRISHNAN, J. sbn Crl.R.C.(MD).No.471 of 2021 16.09.2025 https://www.mhc.tn.gov.in/judis