Madras High CourtCRL RC(MD)/267/2025allowed

M.Poomathi v. A.Prakash

2025-07-29Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI M.Poomathi ... Petitioner / Appellant / Sole Accused Vs.

A.Prakash ... Respondent/Respondent/Complainant PRAYER: Criminal Revision Petition is filed under Section 438 r/w 442 of BNSS, to call for records pertaining to the judgment passed in C.A.Nl.160 of 2022 dated 09.07.2024 on the file of the learned Principal District Judge, Karur, in confirming the judgment passed in C.C.No.631 of 2014 dated 24.11.2022 on the file of the learned Judicial Magistrate, Fast Track Court, Karur, and set aside the same. For Petitioner : Mr.K.Prabhakaran For Respondent : Mr.R.Mathiyalagan

ORDER

This Criminal Revision case is filed to call for records pertaining to the judgment passed in C.A.Nl.160 of 2022 dated 09.07.2024 on the file of the learned Principal District Judge, Karur, in confirming the judgment passed in C.C.No.631 of 2014 dated 24.11.2022 on the file of the learned Judicial Magistrate, Fast Track Court, 1/4

Karur, and set aside the same.

2. The case of the prosecution is that the petitioner is the sole accused in C.C.No.631 of 2014 on the file of the learned Judicial Magistrate, Fast Track Court, Karur, Karur District. The Learned Judicial Magistrate, by his Judgment, dated 24.11.2022, convicted the petitioner under Section 138 of Negotiable Instrument Act, 1881, and sentenced to undergo simple imprisonment for six months and to pay the compensation of Rs.5,00,000/- (Rupees Five Lakhs only) within one month, in default of which, to undergo simple imprisonment for one month. Challenging the said conviction and sentence, the petitioner preferred an Appeal in C.A. No. 160 of 2022, on the file of the learned Principal District Judge, Karur, Karur District. The learned Principal District Judge had confirmed the conviction and sentence passed by the Learned Judicial Magistrate, Fast Track Court, Karur, Karur District dated 24.11.2022.

3. When the matter was taken up for hearing, the learned counsel for the petitioner submitted that an amount of Rs.4,06,000/- (Rupees Four Lakhs and Six Thousand only) has already been paid by the petitioner to the credit of C.C.No.631 of 2014 on the file of the learned Judicial Magistrate, Fast Track Court, Karur, and the remaining amount of Rs.93,000/- (Rupees Ninety Three Thousand only) has been drawn by way of two demand drafts in favour of the respondent and the same 2/4

is received by the respondent.

(*)4. In view of the same, the impugned order of the conviction is set aside and the petitioner is acquitted. The respondent complainant is permitted to withdraw the amount which was deposited before the learned Trial Court by making a suitable application.

5. In view of the above, this Criminal Revision case is allowed. No costs. Sd/- 29.07.2025 (*)Substituded as per order of this Court dated 12.08.2025 made in Sd/- Assistant Registrar ( CS II ) // True Copy // /08/2025 Sub Assistant Registrar (CS- I/ II / III / IV) Sml To:- 1.The Judicial Magistrate, Fast Track Court, Karur.

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2.The Principal District Judge, Karur.

COPY TO: THE SECTION OFFICER, CRIMINAL RECORDS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. (2 Copies) 29.07.2025 JJ/02.09.2025 4 P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4