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TMI Blog2022 (7) TMI 39X X X X Extracts X X X X X X X X Extracts X X X X ..... ment and directing the first and second accused, to jointly pay of compensation of Rs.10,87,575/-. On appeal, the said conviction was confirmed by the VII-Additional Sessions Judge, Chennai in Crl.A.No.248 of 2016 however, the sentence of imprisonment as against the accused alone was modified as Simple Imprisonment till the rising of the Court inter alia confirming the payment of compensation imposed by the Trial Court. 2.Heard Mr.Ramesh Kumar Chopra, learned counsel for the petitioners and Mr.V.Deenadayalan, learned counsel for the respondent. 3.Learned counsel appearing on behalf of the petitioners would submit that as far as the second petitioner is concerned, he has already undergone the sentence of imprisonment and in respect of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... simply relied upon the admission made on behalf of the accused side witness and convicted them. In this regard, he would rely upon the Judgment of the Hon'ble Supreme Court of India, in Nagubai Ammal & Others Vs. B.Shama Rao & Others AIR 1956 SC 593, more fully on paragraph No.16, for the proposition that admission by itself cannot be regarded as truth of the complaint and the complainant ought to have adduced further evidence to prove the transaction. For the very same proposition, the learned counsel also relied upon the Judgment of this Court in M.Manoharan Chetty and Others, Vs. M/s.C.Coomaraswamy Naidu & Sons Madras 92 L.W. Page No.736, more fully relied upon paragraph No.10 of the said Judgment. 8.Finally, the learned counsel wou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oners. 11.It is the further submission that the cheque amount is only ordered as compensation. The complainant has prayed before the Court that the compensation has to be ordered to be paid and the same was rightly granted, considering that the offence under Section 138 of the Negotiable Instruments Act is proved. 12.I have considered the rival submissions and perused the material records of this case. 13.As far as the contention of the petitioner that there was no authorization issued to the complainant to file the complaint is concerned, it is seen that the same is technical in nature and when the technical flaw has been subsequently cured by producing authorization letter under Ex.P18, it would be no longer open for the petitioners to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve not done so, the Trial Court has rightly rejected the said defence. Therefore, I am unable to accept this contention of the learned counsel for the petitioner. 17.The further contention that the petitioners ought to have proved the liability is concerned, this is a case where there is presumption under Section 139 of the Negotiable Instruments Act, in favour of the complainant. Once the petitioners accept their signature and issuance of cheque, it is their duty to prove that there was no liability. D.W.1 has got into the box and categorically admitted that they are liable to pay the balance of Rs.10,87,575/- and therefore, this argument of the petitioners has to be rejected.. 18.As far as the Judgments relied upon by the learned counse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 357 of Cr.P.C., is without any merits. Therefore, the learned counsel is unable to establish any point so as to upturn the findings of conviction and sentence imposed by the Courts below.
21.Two weeks time is granted from the date of receipt of a copy of this order to the second petitioner to pay the balance amount, failing which, it will be open for the complainant to approach the Trial Court for execution of warrant for the second petitioner to undergo the default sentence. The amount already deposited before the Trial Court is ordered to be paid to the respondent/complainant.
22.With the above observations and directions, this Criminal Revision Case is dismissed. Consequently, the connected miscellaneous petition is closed. X X X X Extracts X X X X X X X X Extracts X X X X
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