M. SIDDIQ Vs. NIZAMUDDIN

JUDGEMENT

(1.) The petitioner filed these Criminal Revision Cases challenging the conviction and sentence passed in S.T.C.Nos. 1850 to 1852, 1866, 1870 and 1904 of 2019 dtd. 30/9/2021, by the learned Judicial Magistrate No-I, Kumbakonam, confirmed by the learned Additional District and Sessions Judge, (FTC), Kumbakonam, in C.A.Nos. 100, 101, 102, 103, 104 and 105 of 2021, dtd. 18/4/2023 and 20/4/2023 respectively. The petitioner issued 18 cheques to discharge his total liability of Rs.1,80,00,000.00 and the same was dishonoured. Therefore, 6 private complaints were filed under Sec. 138 r/w 142 of the Negotiable Instruments Act and separate conviction and sentence were imposed by the trial Court. The same was confirmed by the first appellate Court. Challenging the same, the present revision cases were filed and hence, this Court has taken up all these cases for hearing together and disposed of by way of this common order.

(2.) The respondent herein initiated the proceedings under Sec. 138 of the Negotiable Instruments Act against the revision petitioner and his wife, with the allegation that they have entered into a sale agreement with the respondent on 22/11/2013, for the sale consideration of Rs.2,05,10,840.00and he made payment of entire above said amount. Due to the pendency of several litigation over the property, the accused namely, the petitioner and his wife were not able to execute and register the sale deed. Hence, the complainant/respondent demanded the refund of amount. But, they refused to pay the same. Hence, the respondent made a complaint before the Central Crime Branch, Chennai.

(3.) The petitioner and his wife have filed a Anticipatory Bail petition before this Court in Crl.O.P.No.16057 of 2014, where an interim Anticipatory Bail was granted with a condition to make the payment of Amount. Therefore, the petitioner is said to have paid a sum of Rs.25,00,000.00 and also to file an undertaking affidavit to make repayment in ten installments for a sum of Rs.1,80,00,000.00 by issuing 18 cheques each for Rs.10,00,000.00 and cheques were issued. The said the cheques were presented with the respondent's bank and the same were returned with an endorsement of insufficient fund, which clearly shows that the petitioner and his wife did not adhere to the terms of undertaking. Therefore, the respondent issued a statutory notice under Sec. 138 of the Negotiable Instruments Act, and the same was received by the petitioner. Thereafter, there was no reply from him. Hence, 6 private complaints were filed in S.T.C.Nos.435 to 440 of 2016, before the learned Judicial Magistrate, Kumbakonam, for the dishonour of 18 cheques bearing Nos.519705 to 519722 for Rs.10,00,000.00 each in favour of the respondent for the repayment. Thereafter, all the cases were transferred to Judicial Magistrate Court No.I, Kumbakonam and renumbered as S.T.C.Nos.1850, 1851,1852,1866,1870 & 1904 of 2019.