G. Saravanan v. R.Selvakumar (Sevuhar)

CRL OP(MD) No.19657 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Second day of December Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD) No.19657 of 2022 in CRL.A.(MD)SR.No.37619 of 2022 G.SARAVANAN ... APPELLANT/COMPLAINANT Vs R.SELVAKUMAR (SEVUHAR) ... RESPONDENT/ACCUSED Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to grant special leave to prefer the present Criminal Appeal against the order passed in STC No.1/2022 on the file of the Learned Judicial Magistrate (FTC) (ML), Uthamapalayam. PRAYER in CRL.A.(MD)SR.No.37619 of 2022 :

Pleased to call for the records in S.T.C.No.1 of 2022 on the file of the Learned Judicial Magistrate, Fast Track Court (ML), Uthamapalayam dated 29.08.2022, setaside the same by convicting the respondent/accused and directing him to pay twice the amount of cheque as fine.

ORDER : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of MR.K.P.S.PALANIVEL RAJAN, Advocate for the petitioner and of MR.R.KARUNANITHI, Advocate on behalf of the Respondent, the court made the following order:- This petition is filed to grant special leave to prefer the present criminal appeal against the order passed in STC No.1 of 2022 on the file of the Judicial Magistrate (FTC) (ML), Uthamapalayam. 2.The case of the prosecution is that the accused borrowed a sum of Rs.3,00,000/- on 14/03/2021. For discharging the above said liability, he issued a cheque dated 09/09/2021. When it was presented for payment, it was returned due to insufficient money. After completing the statutory formalities, the complainant filed a private complainant.

3.The trial court, after considering the evidence on record, came to the conclusion that the source of the complainant was not properly proved and also taking into account that the complainant is also prosecuting some other persons in the very same court, the case was dismissed and the accused was acquitted.

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CRL OP(MD) No.19657 of 2022 4.Now this petition has been filed seeking leave to appeal. 5.Notice was ordered to the respondent and he has also represented by a counsel.

6.The learned counsel appearing for the petitioner would submit that the signature of the respondent is admitted and the source was also properly proved before the trial court. But picking some sort of omission on the part of the complainant, the above said order of acquittal has been passed, which according to him, is not legal. 7.Per contra, the learned counsel appearing for the respondent would submit that as stated above, the petitioner is in the habit of lending money to several persons and prosecuting the borrowers. So on coming to know about the above said fact, the trial has rightly dismissed the complaint.

8.Since the respondent has admitted the signature, whether presumption under section 139 of the Negotiable Instruments Act is available in favour of the complainant, has been successfully discharged is the only point in this case.

9.Reading of the judgment shows that he has not proved the source and also the borrowing of money by the accused on the ground that within a short period namely between 30/09/2020 and 14/03/2021, there was huge lending of money. On that ground, the genuineness of the transaction was doubted.

10.Considering the above facts and circumstances the case and also considering the fact that the respondent has admitted his signature, this miscellaneous petition is allowed and accordingly, leave is granted.

sd/- 02/12/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, FAST TRACK COURT (ML), UTHAMAPALAYAM.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

ORDER IN CRL OP(MD) No.19657 of 2022 in CRL.A.(MD)SR.No.37619 of 2022 Date :02/12/2022 er USK/SSS/SAR-II/21.12.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2