(Prayer: This Revision has been filed under Section 438 of BNSS 2023, to call for the records in the Judgment dated 27-3-2026 passed in Crl A No.6 of 2024 on the file of the District and Sessions Judge, Tirupattur District, confirming the Judgment dated 30-4-2024 passed in STC No.503 of 2021 on the file of the Additional District Munsif Cum Judicial Magistrate Ambur and set aside the same and consequently acquit the petitioner of all charges, and pass such further or other as this Honorable Court.)

1. This Criminal Revision Case has been filed praying to call for the records in the Judgment dated 27-3-2026 passed in Crl A No.6 of 2024 on the file of the District and Sessions Judge, Tirupattur District, confirming the Judgment dated 30-4-2024 passed in STC No.503 of 2021 on the file of the Additional District Munsif Cum Judicial Magistrate Ambur and set aside the same and consequently acquit the petitioner of all charges.

2. This Court vide order dated 11.06.2026 passed the following order which is reproduced as under:

                   The learned counsel for the Petitioner submits that the total compensation amount ordered to be paid is Rs.9,60,000/-. He submitted that 20% of the cheque amount has already been deposited before the trial Court in the garb of the order passed by the appellate Court. He further submitted that his client is further ready to deposit 30% of the remaining compensation amount, within a period of four weeks and shall produce deposit receipt on the next date fixed and upon production of such receipt, the application for suspension of sentence may be considered.

                   2.Considering the request of the learned counsel for the petitioner, he is allowed four weeks time to deposit the remaining 30% of the compensation amount before the Trial Court and produce deposit receipt before this Court on the next date fixed and upon production of such receipt, application for suspension of sentence will be considered.

                   3. Put up this case for admission on 03.08.2026 before the appropriate bench.”

3. When the matter is taken up for hearing today, the learned counsel for the petitioner submits that his client is not in a position to comply with the interim condition imposed by this Court vide order dated 03.07.2026. By the said order, at request of the learned counsel for the petitioner, the petitioner was granted three weeks time to deposit further 30% of the compensation amount before the Trial Court to the credit of STC No. 503 of 2021. The learned counsel further submits that since the condition cannot be complied with, the matter may be decided finally on its merits.

4. This Court heard the arguments advanced by the learned counsel for the petitioner and perused the entire materials available on record.

5. The brief facts leading to the filing of this revision petition are that on 10.02.2021, the petitioner borrowed a sum of Rs.9,50,000/- from the respondent as hand loan. The petitioner/accused issued a cheque dated 11.08.2021 for legally enforceable debt. The said cheque was presented on 17.08.2021 before the Bank for collection and was dishonoured for the reasons ‘’Funds insufficient’’. Therefore, the respondent sent a legal notice to the petitioner on 23.08.2021 and the same was received by the accused and he sent a reply on 24.09.2021 but failed to pay the cheque amount.

6. Thereafter, the respondent filed a private complaint against the revision petitioner under section 200 Cr.P.C. for the offence under Section 138 of Negotiable Instruments Act in STC. No.503 of 2021 before the learned Additional District Munsif cum Judicial Magistrate Court, Ambur for the offence under Section 138 of NI Act. After enquiry, the learned Magistrate has found the petitioner/accused guilty for offence under Section 138 of NI Act and convicted him and sentenced him to undergo one year simple imprisonment and to pay the cheque amount of Rs.9,60,000/- as compensation to the complainant within one month, in default, to undergo two months simple imprisonment.

7. Aggrieved by the said conviction and sentence, the petitioner preferred an appeal before the Learned District and Sessions Judge, Tirupathur District in C.A. No. 06 of 2024. In the memorandum of grounds, the petitioner contended that the judgment of the appellate Court dated 30.04.2024 confirming the conviction in STC.No.503 of 2021 is contrary to law, against the weight of evidence, and suffers from non-application of judicial mind, and is therefore, liable to be set aside. The trial Court, by judgment dated 10.04.2024, held that the accused had failed to rebut the statutory presumption in favour of the respondent and consequently convicted the accused under Section 255(2) Cr.P.C. for the offence punishable under Section 138 of NI Act sentencing him to undergo one year simple imprisonment and to pay the cheque amount of Rs.9,60,000/- as compensation to the complainant within one month, in default, to undergo two months simple imprisonment. The courts below failed to properly appreciate the facts, evidence and legal position governing the case, resulting in a miscarriage of justice. The petitioner argued that he successfully rebutted the statutory presumption through the cross-examination of PW1, relying on the settled legal position in Rangappa Vs. Sri Mohan reported in (2010) 11 SCC 441. However, the learned Appellate Court, after reassessing the entire evidence and hearing both sides, dismissed the appeal vide judgment dated 18.04.2026, thereby confirming the judgment passed by the Trial Court.

8. This Court has carefully considered the grounds raised by the petitioner and perused the judgments passed by both the courts below. A concurrent finding of fact has been arrived at by both the Trial Court and the Appellate Court. The courts below have explicitly noted that the respondent/complainant successfully proved the execution of the cheque and the subsistence of a legally enforceable debt. The petitioner failed to robustly rebut the statutory presumptions available under Sections 118 and 139 of the NI Act. The contentions regarding alteration in the cheque were duly considered and rightly rejected by the courts below based on the evidence available on record.

9. Furthermore, on a specific request made by the learned counsel for the petitioner, this Court had passed an equitable conditional order on 03.07.2026 directing a deposit of 30% of the compensation amount before the Trial Court. The failure to comply with this order, coupled with the submission made today that the petitioner is unable to pay, clearly demonstrates that the petitioner is neither ready to clear any part of the liability nor respect the orders of the Court. It is well-settled that a criminal revision is not a second appeal. In the absence of any patent illegality, perversity, or jurisdictional infirmity in the concurrent findings of the courts below, this Court cannot re-appreciate the entire evidence. Consequently, this Criminal Revision Case lacks merit and is liable to be dismissed.

10. Accordingly, this Criminal Revision Case is dismissed. The judgments passed by the Learned Additional District Munsif cum Judicial Magistrate, Ambur in STC. No.503 of 2021 and confirmed by the Learned District and Sessions Judge, Tirupattur, Tirupattur District in C.A. No. 6 of 2024 stand confirmed. There shall be no order as to costs. The courts below are directed to take immediate and appropriate steps in accordance with law to secure the presence of the petitioner/accused to undergo the remaining period of sentence and to recover the compensation amount. Consequently, connected miscellaneous petition is closed.

11. Let a copy of this order be sent by the registry of this Court to the Court concerned for its necessary compliance and information.