Sudhakaran Pillai v. A.Velappan Pillai

Crl.A.(MD)No.126 of 2013 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2019

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.A.(MD)No.126 of 2013 Suthakaran Pillai ... Appellant Vs.

1.A.Velappan Pillai 2.The State of Tamil Nadu, Represented by the Public Prosecutor, High Court of Madras-Maduari Bench. ... Respondents Prayer: Criminal Appeal is filed under Section 378 of Cr.P.C, to set aside the judgment dated 28.09.2012, on the file of the learned District and Sessions Judge, Kanyakumari at Nagercoil, made in C.A.No.124 of 2011, reversing the judgment dated 10.11.2011, on the file of the learned Judicial Magistrate No.I, Kuzhithurai, in C.C.No.222 of 2006.

For Appellant : Mr.K.N.Thampi For Respondents : Mr.A.Robinson Govt.Advocate (Crl.Side) for R2 : Mr.M.Gnanagurunathan for R1

J U D G M E N T

The appellant was the complainant in C.C.No.222 of 2006, on the file of the learned Judicial Magistrate No.I, Kuzhithurai. It arose under Section 138 of Negotiable Instruments Act. 2.The case of the appellant is that the first respondent herein issued Exs.1 and 2 and that those two cheques were dishonoured on presentation. After issuing the statutory notice, the complaint came to be filed. The complainant examined himself as P.W.1 and marked Exs.1 to 9. The accused examined himself as D.W.1 and marked the experts opinion as Ex.D.1. 3.The learned Trial Magistrate by judgment dated 10.11.2011 found the first respondent guilty and sentenced him to one year simple imprisonment and also directed him to pay the compensation amount of Rs.2,10,000/-. Aggrieved by the same, the first respondent filed C.A.No.124 of 2011, before the learned District Judge, Kanyakumari District at Nagercoil. By judgment dated 28.09.2012, the Appellate Judge acquitted the first respondent. Challenging the same, this criminal appeal has been filed by the complainant .

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Crl.A.(MD)No.126 of 2013 4.When the matter was taken up for hearing, the learned counsel appearing for the accused submitted that he would not challenge the finding of guilt passed by the learned Trial Magistrate and that he would only plead for some time to pay the cheque amount. Therefore, this Court sets aside the impugned judgment passed by the learned Appellate Court and restores the judgment of the Trial Magistrate insofar as the conviction is concerned. In other words, the first respondent is found guilty of the offence under Section 138 of Negotiable Instruments Act. The (*)first respondent is directed to pay a sum of Rs.2,10,000/- to the complainant by depositing the same to the credit of C.C.No.222 of 2006, on the file the learned Judicial Magistrate No.

I, Kuzhithurai, within a period of three months from the date of receipt of a copy of this judgment. On such deposit, the said amount shall be disbursed as compensation by the Trial Magistrate to the complainant. In the event of failure on the part of the accused to do so, the sentence imposed by the Trial Court would stand restored automatically. The criminal appeal is allowed on these terms.

(*) "4(A). The learned counsel appearing for the first respondent states that some amount had been deposited by the accused at the time of filing an appeal. The same can be withdrawn by the first respondent after he complies with the condition set out in this order."

Sd/- Assistant Registrar (CO) (*)Amended as per order of this Hon'ble Court dated 19/03/2020 Sd/- Assistant Registrar (Records) // True Copy // Sub Assistant Registrar(CS) ias To:

(*)To be Substituted the order already despatched on 30.12.2019 1.The District and Sessions Judge, Kanyakumari. 2.The Judicial Magistrate No.I, Kuzhithurai.

3.The Chief Judicial Magistrte, Kanyakumari at Nagercoil +1 CC to MR.M.GNANAGURUNATHAN, Advocate ( SR-12572) +1 CC to MR.K.N.THAMPI, Advocate ( SR-12400) Crl.A.(MD)No.126 of 2013 02.08.2019 KM/(17.12.2019) 2P 5C sma/08/05/2020/2p/6c/amended https://hcservices.ecourts.gov.in/hcservices/ 2/2