V.Ramesh v. A.Prethibha
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.06.2026
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR V.Ramesh ... Appellant Vs.
A.Prethibha ... Respondent Prayer: Criminal Appeal filed under Section 378(4) of Cr.P.C. to call for the records in S.T.C.No.70 of 2020 on the file of Court of Fast Track at Magisterial Level, Tiruvallur and set aside the order dated 05.03.2024 acquitting the respondent herein of the offence under Section 138 of the Negotiable Instruments Act.
For Appellant :
Mr.R.Darshan For Respondent :
Mr.M.Mohamed Saifulla Legal Aid Counsel Along with Mr.P.Yukesh Kumar for Mr.R.Parthiban Page No.1 of 8
JUDGMENT
The appellant as complainant filed a complaint against the respondent under Section 138 of Negotiable Instruments Act in S.T.C.No.70 of 2020 before the learned Judicial Magistrate, Fast Track Court, Tiruvallur. The Trial Court by judgment dated 05.03.2024 dismissed the complaint and acquitted the respondent. Against which, the present appeal is filed. 2.The case of the appellant is that the appellant/complainant and the husband of the respondent Mr.Anbalagan are close friends and he borrowed a sum of Rs.11,00,000/- as hand loan on 25.11.2018 at complainant's residence, at that time, the respondent issued a post-dated cheque dated 22.10.2020 drawn on HDFC Bank, Pattabiram Branch, Chennai for Rs.11,00,000/- and she handed over a property document bearing Document No.
1077/2009 situated at Lukkama Nayakampatti Village, Vellakovil Union, Kangayam Taluk, Erode District standing in the name of one Krishnaveni, who is the friend of the respondent. When the cheque was presented for encashment, the same was dishonoured. Thereafter, following statutory provisions, complaint filed. The Trial Court dismissed the complaint and acquitted the respondent. Against which, the present appeal is filed. Page No.
3.Without going into the merits of the case, the respondent and the appellant reached an understanding and it was agreed that a sum of Rs.4,50,000/- would be paid towards full and final settlement. The same was recorded on 28.07.2025 and the respondent was directed to pay a sum of Rs.2,00,000/- directly to the respondent and produce the acknowledgment to that effect before this Court on or before 18.08.2025. But the payments got delayed and each time, the respondent gave one reason or other for nonpayment of the agreed amount. Finding that the respondent is adopting dilatory tactics and not paying the agreed amount, Non-Bailable Warrant issued. Thereafter, the respondent paid a sum of Rs.2,20,000/- to the appellant and today, a Demand Draft drawn on State Bank of India, Chennai Broadway Branch in favour of the appellant for a sum of Rs.2,30,000/- handed over to the respondent.
4.Now the entire amount was paid by the respondent. An affidavit of undertaking was filed by the respondent to that effect. A scanned reproduction of the affidavit and the Demand Draft is as follows: Page No.3 of 8
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5.Today, the respondent's husband is present before this Court. The learned counsel for the appellant admits the receipt of Rs.4,50,000/- and agrees to give quietus to the above appeal.
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6.In view of the above, the Criminal Appeal stands dismissed confirming the judgment of acquittal rendered by the learned Judicial Magistrate, Fast Track Court, Tiruvallur in S.T.C.No.70 of 2020 dated 05.03.2024.
30.06.2026 Index : Yes/No Speaking Order/Non Speaking Order cse To The Judicial Magistrate, Fast Track Court at Magisterial Level, Tiruvallur.
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M.NIRMAL KUMAR, J.
cse 30.06.2026 Page No.8 of 8