A. Balakumar vs Prof. Mohanraj on 17 April, 2026

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    Supreme Court – Daily Orders

    A. Balakumar vs Prof. Mohanraj on 17 April, 2026

    Author: Vikram Nath

    Bench: Vikram Nath

                                    IN THE SUPREME COURT OF INDIA
                                   CRIMINAL APPELLATE JURISDICTION
    
                                  CRIMINAL APPEAL NO(S).               OF 2026
                                  (Arising out of SLP(Crl.) No(s). 6932 of 2023)
    
    
                             A. BALAKUMAR                            ….APPELLANT(S)
    
                                                          VERSUS
    
                             PROF. MOHANRAJ                         ….RESPONDENT(S)
    
    
                                                          ORDER
    

    1. Heard.

    2. Leave granted.

    SPONSORED

    3. The appellant-accused was prosecuted for the
    offence punishable under Section 138 of the
    Negotiable Instruments Act, 18811, pursuant to a
    complaint filed by the respondent-complainant
    before the learned V Metropolitan Magistrate,
    Egmore, Chennai (later transferred to the file of
    learned Metropolitan Magistrate, Fast Track Court-
    III, Saidapet, Chennai)2.

    Signature Not Verified

    Digitally signed by
    NEETU KHAJURIA
    Date: 2026.04.20

    1 For short, “NI Act, 1881”.

    2

    17:03:30 IST
    Reason: Hereinafter, being referred to as the “trial Court”.

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    4. The said complaint was instituted in respect of
    the dishonour of a cheque issued to the respondent-
    complainant by the appellant-accused for a sum of
    Rs.2 lakhs. The learned trial Court, after trial
    acquitted the appellant-accused vide judgment
    dated 30th August, 2018.

    5. Aggrieved thereby, the respondent-complainant
    preferred an appeal which came up for hearing
    before the learned XVIII Additional Sessions Judge,
    Chennai3, who, upon detailed consideration, vide
    judgment dated 22nd January 2020, dismissed the
    appeal and confirmed the judgment of the trial court
    acquitting the appellant-accused.

    6. Thereafter, the respondent-complainant
    preferred an appeal before the High Court of
    Judicature at Madras4 challenging the acquittal of
    the appellant-accused. The High Court, vide order
    dated 24th February, 2023, allowed the appeal and
    while reversing the acquittal of the appellant-
    accused recorded by the trial Court and affirmed by
    the Sessions Judge, held the appellant-accused
    guilty of the offence punishable under Section 138

    3 Hereinafter, being referred to as the “Sessions Judge”.
    4 Hereinafter, being referred to as the “High Court”.

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    of the NI Act, 1881 and sentenced him to undergo
    simple imprisonment for six (6) months, along with
    a fine of Rs.4,00,000/- (being double the cheque
    amount), and, in default of payment of fine, to
    undergo three (3) months of simple imprisonment.

    7. The appellant-accused is before us by way of
    the present appeal with special leave, assailing the
    judgment rendered by the High Court, whereby he
    has been convicted for the aforesaid offence and
    sentenced as stated hereinabove.

    8. We are ex facie of the considered view that the
    High Court committed an error apparent on the face
    of record by entertaining the petition filed by the
    respondent-complainant, styled to be an appeal. The
    scheme of the Code of Criminal Procedure, 1973 5
    does not contemplate the maintainability of an
    appeal to the High Court at the instance of the same
    party once the appellate jurisdiction against an
    order of acquittal has already been exercised. In
    such circumstances, the only permissible course of
    action available to the respondent–complainant was
    to invoke the revisional jurisdiction of the High

    5 For short, “CrPC”.

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    Court under Section 397 CrPC read with Section
    401
    CrPC.

    9. It is well settled that, in the exercise of
    revisional jurisdiction against judgment of acquittal,
    the High Court is precluded from converting a
    finding of acquittal into one of conviction. The scope
    of interference is limited, and at best, the High
    Court may direct a de novo trial if the judgment of
    the trial court is found to suffer from manifest
    illegality or perversity.

    10. On perusal of the order passed by the High
    Court, we find that the respondent-complainant
    seems not to have challenged the order dated 22 nd
    January, 2020 passed by the Sessions Judge in
    Criminal Appeal No.611/2018, whereby the appeal
    against acquittal preferred by the respondent-
    complainant, challenging the judgment dated 30th
    August, 2018 passed by the learned trial court,
    came to be dismissed. Thus, it was clearly a case of
    unjust exercise of appellate jurisdiction by the High
    Court in reversing the acquittal of the appellant-
    accused, which already stood affirmed in appeal.
    Despite recording in the impugned order that the

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    appeal against the judgment of the trial court had
    been preferred by the complainant before the
    Session Judge and stood rejected, the High Court
    nonetheless proceeded to entertain and decide the
    matter, overlooking the finality attached to the
    earlier adjudication.

    11. However, during the pendency of the present
    appeal, the appellant-accused, on 17 th March, 2026
    represented by learned senior counsel Mr. S.
    Nagamuthu, made an offer to pay a sum of Rs.4
    lakhs to the respondent-complainant. During the
    course of hearing today, three demand drafts
    aggregating to a total sum of Rs.4 lakhs have been
    handed over to the learned counsel for respondent-
    complainant, the particulars whereof are set out
    hereinbelow: –

    (i) Demand Draft dated 04.04.2026 drawn on
    Indian Overseas Bank amounting to
    Rs.2,00,000/- (Rupees Two Lakhs only).

    (ii) Demand Draft dated 04.04.2026 drawn on
    Indian Overseas Bank amounting to
    Rs.1,00,000/- (Rupees One Lakh only).

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    (iii) Demand Draft dated 06.04.2026 drawn on
    State Bank of India, Drawee Branch CCPC,
    Chennai, amounting to Rs.1,00,000/-

    (Rupees One Lakh only).

    12. In view of the above, we direct that the offence
    under Section 138 of the NI Act 1881, for which the
    appellant-accused has been convicted by the High
    Court, upon reversal of his acquittal, shall stand
    compounded in terms of Section 147 of the NI Act,
    1881.

    13. The impugned judgment is accordingly set
    aside. The appellant is acquitted of the charge under
    Section 138 of the NI Act.

    14. The appeal is allowed in these terms.

    15. Pending application(s), if any, shall stand
    disposed of.

    ….……………………J.
    (VIKRAM NATH)

    ……………………….J.
    (SANDEEP MEHTA)
    NEW DELHI;

    APRIL 17, 2026.

    
    
    
    
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    ITEM NO.39          COURT NO.2           SECTION II-C
    
               S U P R E M E C O U R T O F        I N D I A
                       RECORD OF PROCEEDINGS
    
    

    Petition(s) for Special Leave to Appeal (Crl.) No(s).
    6932/2023
    [Arising out of impugned final judgment and order
    dated 24-02-2023 in CRLA No. 703/2022 passed by the
    High Court of Judicature at Madras]

    A. BALAKUMAR Petitioner(s)
    VERSUS
    PROF. MOHANRAJ Respondent(s)
    FOR ADMISSION

    Date : 17-04-2026 This petition was called on for
    hearing today.

    CORAM : HON’BLE MR. JUSTICE VIKRAM NATH
    HON’BLE MR. JUSTICE SANDEEP MEHTA

    For Petitioner(s) : Mr. M.P. Parthiban, AOR

    For Respondent(s) : Mr. Raghenth Basant, Sr. Adv.

    Ms. Hima Bhardwaj, Adv.

    Mr. Sajal Sinha, Adv.

    Mr. Arjun Singh Bhati, AOR

    UPON hearing the counsel the Court made the following
    O R D E R

    Leave granted.

    The appeal is allowed in terms of

    the signed order.

    (SONIA BHASIN) (RANJANA SHAILEY)
    ASSISTANT REGISTRAR-CUM-PS ASSISTANT REGISTRAR
    [Signed order is placed on the file]

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