R.Thirumavalavan vs P.Sivaji
2021 Latest Caselaw 10781 Mad

                                                                           Crl.R.C.No.127 of 2021

                               IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 27.04.2021

                                                    CORAM:

                               THE HONOURABLE MR. JUSTICE P.VELMURUGAN

                                             Crl.R.C.No.127 of 2021
                                                      and
                                        Crl.M.P.Nos.2463 and 4974 of 2021

                     R.Thirumavalavan                            ... Petitioner/Accused


                                                          vs.

                     P.Sivaji                                    ... Respondent/Complainant

                     PRAYER : Criminal Revision Case filed under Section 397 read with
                     Section 401 of Cr.P.C., to set aside the Judgment and Sentence dated
                     23.01.2021 in C.A.No.60 of 2019 on the file of the III Additional
                     Sessions Judge, Villupuram @ Kallakurichi, confirming the Judgment
                     and Sentence dated 31.07.2019 in C.C.No.140 of 2017 on the file of the
                     Judicial Magistrate/Fast Track Court, Kallakurichi.
                                   For Petitioner   :      Mr.K.Selvaraj

                                   For Respondent   :      Ms.T.Anusuya




                     1/6


https://www.mhc.tn.gov.in/judis/
                                                                            Crl.R.C.No.127 of 2021

                                                      ORDER

This Criminal Revision Case has been filed to set aside the

Judgment and Sentence dated 23.01.2021 in C.A.No.60 of 2019 on the

file of the III Additional Sessions Judge, Villupuram @ Kallakurichi,

confirming the Judgment and Sentence dated 31.07.2019 in C.C.No.140

of 2017 on the file of the Judicial Magistrate/Fast Track Court,

Kallakurichi.

2. The petitioner is the accused and the respondent is the

complainant. The respondent/complainant filed a private complaint for

the offence under Section 138 of the Negotiable Instructions Act, 1881 in

C.C.No.140 of 2017 on the file of the Judicial Magistrate, (Fast Track

Level), Kallakurichi.

3. Learned Judicial Magistrate, (Fast Track Level), Kallakurichi,

after enquiry, convicted the accused and also sentenced to undergo 1 year

https://www.mhc.tn.gov.in/judis/ Crl.R.C.No.127 of 2021

simple imprisonment. Challenging the said judgment of conviction and

sentence, the petitioner has filed criminal appeal in Crl.A.No.60 of 2019

before the III Additional Sessions Judge, Villupuram @ Kallakurichi and

the learned III Additional Sessions Judge, Villupuram at Kallakurichi,

after hearing the appeal in Crl.A.No.60 of 2019, dismissed the same and

confirmed the judgment of conviction and sentence. Challenging the said

judgment of dismissal of the appeal, the petitioner has filed the present

revision before this Court.

4. Learned counsel for both the parties would submit that both the

parties have settled the matter amicably and they have filed a Joint Memo

of Compromise and this Court directed the petitioner to pay 15% of the

cheque amount by way of cost and the petitioner also complied with the

said order and also produced a copy of the same.

5. The offence under Section 138 of the Negotiable Instruments

Act, 1881, is the compoundable offence. It can be compounded at any

https://www.mhc.tn.gov.in/judis/ Crl.R.C.No.127 of 2021

stage. When the matter is pending before this Court, the parties have

entered into a compromise and also paid 15% of the amount as cost.

Therefore, the offence is compounded. The petitioner counsel filed a

letter dated 26.04.2021 to the Registrar General, stating that the parties

entered into compromise and prayed for compounding the offence. The

petitioner deposited Rs.3,600/- on the file of this Court and proof of such

payment is also annexed with the above said letter. Therefore, the

judgment of conviction and sentence passed by the Magistrate, is aside.

6. Accordingly, the criminal revision case is allowed.

Consequently, the connected criminal miscellaneous petitions are closed.

27.04.2021 Index:Yes/No Speaking order/Non-speaking order dm

https://www.mhc.tn.gov.in/judis/ Crl.R.C.No.127 of 2021

To

1.The III Additional Sessions Judge, Villupuram @ Kallakurichi.

2.The Judicial Magistrate/Fast Court, Kallakurichi.

https://www.mhc.tn.gov.in/judis/ Crl.R.C.No.127 of 2021

P.VELMURUGAN, J.

dm

Crl.R.C.No.127 of 2021 and Crl.M.P.Nos.2463 and 4974 of 2021

27.04.2021

https://www.mhc.tn.gov.in/judis/