Madras High Court
Tmt.Latha vs Smt.K.A.Letha on 2 December, 2021
CRl.RC.No.339 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 02.12.2021.
CORAM
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA
Crl.RC.No.339 of 2020
and Crl.M.P.Nos.11805 and 12750 of 2021
Tmt.Latha ... Petitioner
vs.
Smt.K.A.Letha ... Respondent
Prayer:- This Criminal Revision Petition filed under Section 397 & 401 of
the Code of Criminal Procedure, pleased to call for the records in Criminal
Appeal No.20 of 2019 on the file of the III Additional District & Sessions
Judge, Tiruvallur at Poonamallee dated 21.01.2020 and confirm the order
dated 18.12.2018 passed by the Judicial Magistrate-II, Fast Track Court,
Poonamallee in S.T.C.No.86 of 2016.
For Petitioner : Mr.M.Kempraj
For Respondent : Mr.D.J.Venkatesan
ORDER
The Criminal Revision Petition has been filed to call for the records
in Crl.A.No.20 of 2019 passed by the learned III Additional and Sessions
Judge, Thiruvallur, Poonamalle dated 21.01.2020 reversing the order dated
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CRl.RC.No.339 of 2020
18.12.2018 passed by the Judicial Magistrate II, Fast Track Court,
Poonamalle in S.T.C.No.86 of 2016.
2. For the sake of convenience, the parties are referred to as per their
rank before the Trial Court
3. The respondent/complainant had filed S.T.C.No.86 of 2016 before
the Judicial Magistrate II, Fast Track Court, Poonamallee against the
petitioner/accused for the offence under Section 138 Negotiable Instruments
Act, in respect of return of cheque bearing No.029502 dated 10.10.2015
drawn on ICICI Bank, Kamaraja Nagar, Avadi branch for a sum of
Rs.2,70,000/- (Rupees Two lakhs and seventy thousand only).
4. On the side of the complainant, she examined herself as PW1 and
marked Ex.P1 to Ex.P6 and on the side of the accused, no witness has been
examined and no documents were marked.
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CRl.RC.No.339 of 2020
5. The Trial Court had found the accused not guilty for the offence
under Section 138 of Negotiable Instruments Act and had acquitted her by
an order dated 18.12.2018. As against the said order of acquittal the
complainant had filed Crl.A.No.20 of 2019 before the learned Additional
District & Sessions Judge, Poonamallee and the Appellate Court by an order
dated 21.01.2020 had allowed the appeal and set aside the order of acquittal
and had found the accused guilt for the offence under Section 138 of
Negotiable Instruments Act and sentenced her to undergo six months simple
imprisonment and also directed to pay Rs.5,40,000/- (twice the cheque
amount) towards compensation within two months in default to undergo
further period of two months simple imprisonment.
6. Against the order of conviction, the petitioner ought to have filed
criminal appeal, but she had wrongly preferred criminal revision and this
Court had also granted suspension of sentence by an order dated 27.02.2020
with a condition to deposit a sum of Rs.1,00,000/-(Rupees One lakh only)
before the Trial Court within four weeks from the date of receipt of a copy
of the order.
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CRl.RC.No.339 of 2020
7. The accused on account of being affected by Covid was unable to
deposit the amount within the time frame fixed by this Court and thereby
she had filed an application in Crl.M.P.No.11805 of 2021 for extension of
time. While the application was pending, the parties have compromised the
matter between themselves and they have filed Crl.M.P.No.12750 of 2021
seeking to compound the offence, in support of the compounding
application, the parties have filed the memo signed by both the parties and
their respective counsel.
8. The learned counsel appearing for the petitioner/accused would
submit that the parties have compromised the matter between themselves
and towards the total cheque amount of Rs.2,70,000/-, the
petitioner/accused had agreed to pay Rs.3,25,000/- and the complainant has
also accepted the same. An amount of Rs.3,10,000/- has been paid by way
of three demand drafts and balance amount of Rs.15,000/- has been paid by
way of cash.
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CRl.RC.No.339 of 2020
9. The learned Counsel appearing for the Respondent/complainant
also submitted that the respondent/complainant has accepted the amount and
agreed to compound the offence.
10. Both the complainant as well as the accused are present before
this Court. This Court enquired them, they also submitted that the
complainant has received an amount of Rs.3,25,000/- as full quit and she
has also stated no objection for the offence being compounded. The said
memo signed by both the parties and their respective counsel is recorded.
11. The learned Counsel for the petitioner/accused submitted that
though, as per the judgment in Damodar S.Prabhu v. Sayed Babalal H.
reported in 2010 (5) SCC 663, the petitioner has to pay 15% of the cheque
amount towards costs, taking into consideration, the pandemic situation the
payment of cost may be waived.
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CRl.RC.No.339 of 2020
12. In view of the above, the order passed by the appellate Court in
Crl.A.No.20 of 2019 on the file of the III Additional District & Sessions
Judge, Poonamallee dated 21.01.2020 stands set aside and the
petitioner/accused is acquitted from the offences.
13. It is to be noted, though only criminal appeal has to be preferred
as against the order of conviction, the accused herein has preferred criminal
revision, however, since the matter has been compromised between the
parties, no further order is required.
14. In view allowing the Criminal Revision, the warrant issued by the
trial Court on 23.10.2021 against the petitioner/accused stands set aside.
Consequently, the connected Crl.MP.No.12750 of 2021 is ordered and the
Crl.MP.No.11805 of 2021 is closed.
02.12.2021
Index: Yes/No.
Internet: Yes/No.
tsh/ham
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CRl.RC.No.339 of 2020
To
1.The Judicial Magistrate-II,
Fast Track Court,
Poonamallee.
2. The III Additional District & Sessions Judge,
Tiruvallur, Poonamallee.
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CRl.RC.No.339 of 2020
A.D. JAGADISH CHANDIRA, J.
tsh
Crl.RC.No.339 of 2020
02.12.2021
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