Crl.R.C.(MD)No.1166 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.08.2025 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.R.C.(MD)No.1166 of 2024 Sivabharathi ... Petitioner Vs. Kothandaraman ... Respondent PRAYER : Criminal Revision Case filed under Section 438 r/w 442 B.N.S.S., to call for the records pertaining to the impugned judgment and conviction passed by the learned Judicial Magistrate, Fast Track Court, (Magisterial Level) Pattukottai dated 20.10.2022 made in S.T.C.No. 62 of 2021 and which is confirmed by the learned Principal Sessions Judge, Thanjavur in C.A.No.70 of 2023, dated 02.11.2023 and set aside the same. For Petitioner : Mr.K.M.Karunakaran For Respondent : Mr.D.Gnanasekaran ORDER This Criminal Revision Case has been filed, assailing the judgment in Crl.A.No. 70 of 2023, dated 02.11.2023 on the file of the learned 1/6 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD)No.1166 of 2024 Principal Sessions Judge, Thanjavur, confirming the conviction and sentence imposed by the judgment dated 20.10.2022 in S.T.C.No. 62 of 2021 on the file of the learned Judicial Magistrate, Fast Track Court, (Magisterial Level) Pattukottai and acquit the accused. 2. The case of the respondent/complainant is that on 18.02.2021, the petitioner borrowed a loan of Rs.1,00,000/- from the respondent agreeing to repay the same within a period of one month. On the same day, the petitioner had issued a cheque bearing number 802755, dated 19.03.2021. When the respondent has presented the cheque for collection, the same was returned with reason “Insufficient funds”. Hence, the respondent has sent legal notice on 22.03.2021 to the petitioner demanding repayment of the amount covered by the cheque and the same was received by the petitioner on 25.03.2021. Despite receiving the same, the petitioner neither replied to the notice nor repaid the amount. Therefore, the respondent has filed a private complaint for the offence under Section 138 of Negotiable Instruments Act against the petitioner. 2/6 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD)No.1166 of 2024 3.The complaint was taken on file by the learned Judicial Magistrate, Fast Track Court, (Magisterial Level) Pattukottai, as S.T.C.No.62 of 2021. The learned Trial Court convicted the petitioner on 20.10.2022, for the offence under Section 138 of Negotiable Instruments Act and sentenced him to undergo simple imprisonment for 3 months and to pay a sum of Rs.1,10,000/- as compensation within a period of 2 months, in default to undergo simple imprisonment for 20 days. Challenging the above said conviction and sentence, the petitioner has filed an appeal in Crl.A.No.70 of 2023 on the file of the Principal Sessions Court, Thanjavur and the learned Principal Sessions Court, Thanjavur, by confirming the conviction and sentence, dismissed the appeal. Being dissatisfied with the dismissal of the appeal, the petitioner has preferred the present Criminal Revision Case. 4. The learned counsel appearing for the petitioner submitted that the remaining amount to a tune of Rs.34,000/- which is to be paid to the respondent herein is settled by drawing Demand Draft bearing DD No. 689899 614015106, dated 22.08.2025 in favour of K.Gothandaraman at 3/6 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD)No.1166 of 2024 Canara Bank, Pattukottai-II Branch, Thanjavur and the respondent had received the same before this Court. 5. Recording the same, this Criminal Revision Case is allowed. The conviction and sentence imposed upon the petitioner vide judgment dated 02.11.2023, in Crl.A.No.70 of 2023 on the file of the learned Principal Sessions Judge, Thanjavur, confirming the conviction and sentence imposed by the judgment dated 20.10.2022 in S.T.C.No.62 of 2021 on the file of the learned Judicial Magistrate, Fast Track Court, (Magisterial Level) Pattukottai, is set aside and the petitioner is acquitted of the offence under Section 138 of Negotiable Instruments Act. 28.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg 4/6 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD)No.1166 of 2024 To 1.The Principal Sessions Judge, Thanjavur. 2.The Judicial Magistrate, Fast Track Court, (Magisterial Level), Pattukottai. 5/6 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD)No.1166 of 2024 L.VICTORIA GOWRI ,J. gbg Order made in Crl.R.C.(MD)No.1166 of 2024 Dated: 28.08.2025 6/6 https://www.mhc.tn.gov.in/judis