Crl.RC.No.41 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
Crl.R.C.No.41 of 2018
V.Raja ...Petitioner
Vs
V.Mani
...Respondent
Prayer:- Criminal Revision petition has been filed, under Section 397 r/w
401 of Cr.P.C, to call for the records set aside the judgement of the
Appellate Court made in C.A.No.81 of 2016 dated 30.11.2016 on the file
of the learned XIX Additional Sessions Judge, Chennai in dismissing the
appeal and confirming the conviction and sentence passed by the learned
Metropolitan Magistrate, Fast Track Court No.I, Allikulam, Chennai-600
003 by judgement dated 08.03.2016 in C.C.No.1556 of 2012, convicting
him for the alleged offence under Section 138 of Negotiable Instruments
Act and sentencing him to undergo six months simple imprisonment as per
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Crl.RC.No.41 of 2018
Section 255(2) Cr.P.C and further directing the petitioner herein to pay the
cheque amount of Rs.1,00,000/- (Rupees one lakh only) to the respondent
herein as compensation under section 357(3) Cr.P.C within two months
from the date of judgement dated 08.03.2016 in default to pay the said
compensation amount to undergo 2 months Simple Imprisonment.
For Petitioner : Mr.M.Khader Basha
For Respondent : Mr.A.M.Rahamath Ali
ORDER
This Criminal Revision Case has been preferred against the Judgement of the learned XIX Sessions Judge, Chennai passed in C.A.No.81 of 2016 dated 30.11.2016, confirming the conviction dated 08.03.2016 imposed in judgment made in C.C.No.1556 of 2012 on the file of the learned Metropolitan Magistrate, Fast Track Court No.I, Allikulam, Chennai.
2.The petitioner was convicted for the offence under Section 138 of NI Act and was sentenced to undergo simple Imprisonment for a period of six months and directed to pay compensation of Rs.1,00,000/- to the 2/7 https://www.mhc.tn.gov.in/judis Crl.RC.No.41 of 2018 complainant within two months from the date of judgement in default to undergo 2 months S.I.
3. The learned counsel on either side submitted that the parties have arrived at a compromise and have filed a Joint Memo of compromise dated nil, filed before this Court on 18.01.2021 signed by the petitioner, respondent and the learned counsels for the petitioner and the respondent.
The relevant paragraphs in the said Joint Memo is extracted hereunder:
''1.That the petitioner/Accused has paid to the Respondent/complainant a sum of Rs.80,000/- (Rupees Eighty Thousand only) by way of cash on 12.01.2021 towards full and final settlement, before the learned Metropolitan Magistrate, FTC No.Allikulam, Chennai- 600 003, the receipt of which sum of Rs.80,000/- doth hereby admits and acknowledged by the Respondent/complainant and release the petitioner/accused from further payment thereof.
2.That the Respondent/Complainant convenants by virtue of executing this Joint Memo that he has no further claims in future against petitioner/Accused.
3.That the Respondent/Complainant agrees that the 3/7 https://www.mhc.tn.gov.in/judis Crl.RC.No.41 of 2018 sentence imposed by learned Metropolitan Magistrate, FTC No.1 Allikulam, Chennai-03, vide judgement dated 8.3.2016 passed in C.C.No.1556 of 2012 against the petitioner/Accused, be set aside.
4.That the Respondent/Complainant has agreed and consented the petitioner/accused entitling him to receive and claim the sum of Rs.50,000/-(Rupees Fifty thousand only) deposited by him on the eve of suspension of sentence passed by the Hon'ble High Court, Madras in Crl.M.P.No.261/2018 in Crl.R.C.No.41 of 2018 in C.C.No.1556 of 2012.
5.That the Respondent/Complainant agree to move this JOINT MEMO before this Hon'ble Court in Crl.R.C.No.41 of 2018, and pray for granting permission to compromise the dispute and diffferences now exists between them and humbly pray that this Hon'ble Court may be pleased to set aside the sentence imposed on petitioner/Accused and ordered refund the amount deposited by him in the Court of Learned Metropolitan Magistrate, FTC No.1 Allikulam, Chennai-03 in Crl.M.P.No.261/2018 in Crl.R.C.No.41/2018 in C.C.No.1556/2012, and thus render justice.''
4.In view of the compromise arrived at between the parties, the 4/7 https://www.mhc.tn.gov.in/judis Crl.RC.No.41 of 2018 offence under Section 138 of N.I Act stands compounded. The judgement of the learned XIX Additional Sessions Judge, Chennai passed in C.A.No. 81 of 2016 dated 30.11.2016, confirming the conviction dated 08.03.2016 imposed in the judgment made in C.C.No.1556 of 2012 on the file of the learned Metropolitan Magistrate, Fast Track Court No.I, Allikulam, Chennai, is set aside.
5.The petitioner is at liberty to file appropriate petition before the learned Metropolitan Magistrate, Fast Track Court No.I, Allikulam, Chennai, for return of the deposit amount of Rs.50,000/-(Rupees Fifty thousand only). The learned Magistrate is directed to return the sum of Rs.50,000/-(Rupees Fifty thousand only) deposited pursuant to the order of this Court in Crl.M.P.No.261 of 2018 in Crl.R.C.No.41 of 2018 to the credit of C.C.No.1556 of 2012, to the petitioner on such application filed by the petitioner.
6.In the result, the Criminal Revision is allowed.
08.09.2022 5/7 https://www.mhc.tn.gov.in/judis Crl.RC.No.41 of 2018 Index:Yes/No Web:Yes/No Speaking/Non Speaking vsn To
1.The XIX Additional Sessions Judge, Chennai
2.The Metropolitan Magistrate, Fast Track Court No.I, Allikulam, Chennai SUNDER MOHAN,J.
vsn Crl.RC.No.41 of 2018 6/7 https://www.mhc.tn.gov.in/judis Crl.RC.No.41 of 2018 08.09.2022 7/7 https://www.mhc.tn.gov.in/judis