Madras High Court
A.Saravanan : Revision vs Pitchai on 4 August, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 04.08.2021
CORAM
THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI
Crl.RC(MD)No.590 of 2020
and
Crl.MP(MD)No.5266 of 2021
A.Saravanan : Revision Petitioner/Appellant/
Accused
Vs.
Pitchai : Respondent/Respondent/
Complainant
Prayer: Criminal Revision filed under section 397 and 401
of the Criminal Procedure Code, against the order passed in CA No.
104 of 2018, dated 22.06.2020 by the Principal District Sessions
Judge, Sivagangai, confirming the order of the Fast Track Judicial
Magistrate, Karaikudi, in CC No.211 of 2017, dated 14.08.2018.
For Petitioner : Mr.R.Narayanan
For Respondent : Mr.M.Shakul Hameed
JUDGMENT
This Criminal Revision is directed against the order
passed in CA No.104 of 2018, dated 22.06.2020 by the Principal
District Sessions Judge, Sivagangai, confirming the order of the
Fast Track Judicial Magistrate, Karaikudi, in CC No.211 of 2017,
dated 14.08.2018.
https://www.mhc.tn.gov.in/judis/
2.The short facts of the case is that the accused had
borrowed Rs.60,000/- each on 22.02.2017 and 02.03.2017 to meet
his domestic needs and also for his business requirements and for
that, the accused issued a post-dated cheque bearing No.00107 for
Rs.60,000/- and cheque bearing No.019347 for Rs.50,000/- and
when they were presented for collection, they were dishonoured for
the reason “Insufficient Funds” and thereafter, the complainant
issued a notice, dated 02.08.2017 calling upon the accused to pay
the alleged cheques amount, which was received by the accused,
but there is no response. Hence, the case.
3.The trial court, after proper appreciation of the entire
materials available on record, found the accused guilty under
section 138 of the Negotiable Instruments Act and sentenced to
undergo simple imprisonment for a period of six months, besides
being directed to pay compensation of Rs.1,25,000/-, in default of
payment of which, he has been directed to undergo simple
imprisonment for a further period of three months. Aggrieved by
the judgment of the trial court, the accused preferred appeal before
the first appellate court. The first appellate court dismissed the
appeal. Against which, the petitioner/accused is before this court.
https://www.mhc.tn.gov.in/judis/
4.When the matter is taken up for hearing on 03.08.2021,
the petitioner and the respondent along with their respective
counsel appeared through Video Call. It is submitted by the
learned counsel appearing on either side that now the dispute
between the parties has been settled amicably and the respondent
has no objection to set aside the entire proceedings. A Joint
Compromise Memo, dated 24.07.2021 has been filed by the parties
to that effect. The Joint Compromise Memo, dated 24.07.2021
would run thus:-
“It is submitted that both the
revision petitioner and the respondent are
willing to compromise in the above said
criminal revision petition by paying a sum of
Rs.60,000/- (Rupees Sixty Thousand only) in
cash to the respondent counsel and no
objection endorsement made by the counsel
for the revision petitioner to withdraw a sum
of Rs.50,000/- deposited by the revision
petitioner before the Hon'ble Judicial
Magistrate (Fast Track Court), Karaikudi, in
CC No.211 of 2017 on 02.01.2021. Thus the
revision petitioner has paid a sum of Rs.
1,10,000/- totally being the cheque amount to
the respondent. In this regard, a joint
compromise memo filed before this Hon'ble
Court.”
https://www.mhc.tn.gov.in/judis/
5.Keeping in view of the above fact, since offence under
Section 138 of the Act can be compoundable at any stage of the
proceedings and now, the matter has been amicably settled
between the parties, the parties are allowed to compound the
offence and the revision petitioner be acquitted of the charge(s)
convicted against him and the compensation imposed by the trial
court is set aside.
6.The criminal revision is accordingly disposed of in
terms of settlement arrived at between the parties. The Joint
Compromise Memo, dated 24.07.2021 shall form part of the order.
Consequently, connected Criminal Miscellaneous Petition is closed.
04.08.2021
Index:Yes/No
Internet:Yes/No
er
Note :
In view of the present lock down
owing to COVID-19 pandemic, a
web copy of the order may be
utilized for official purposes, but,
ensuring that the copy of the
order that is presented is the
correct copy, shall be the
responsibility of the advocate/
litigant concerned.
https://www.mhc.tn.gov.in/judis/
T.KRISHNAVALLI, J
er
To,
1.The Judicial Magistrate,
(Fast Track Court), Karaikudi.
2.The Principal Sessions Judge,
Sivagangai.
Crl.RC(MD)No.590 of 2020
04.08.2021
https://www.mhc.tn.gov.in/judis/
https://www.mhc.tn.gov.in/judis/
