R.Govindaraj vs Pradeep Chordia
2021 Latest Caselaw 24107 Mad

                                                                            Crl.R.C.No1417 of 2018
                                                                       and Crl.M.P.No12441 of 2021



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 Dated : 08.12.2021

                                                      CORAM :

                                  THE HONOURABLE MS. JUSTICE R.N.MANJULA

                                              Crl.R.C.No.1417 of 2018
                                            and Cr.M.P.No.12441 of 2021

                     R.Govindaraj                                             .. Petitioner

                                                         Vs.

                     Pradeep Chordia                                          .. Respondent

                     PRAYER : Criminal Revision Cases have been filed under sections 397
                     read with 401 of Criminal Procedure Code to set aside the judgment of
                     conviction and sentence passed in C.C.No.943 of 2011, dated 30.09.2014
                     passed by the learned Metropolitan Magistrate, Fast Track Court-I,
                     Egmore, Chennai and confirming the same in C.A.No.268/2014, dated
                     03.11.2018 by the IV Additional Sessions Judge, Chennai.

                                    For Petitioner   :     Mr.V.Vijayakumar
                                    For Respondent   :     Mr.M.Mohammed Rafi

                                                      ORDER

This Criminal Revision Case has been filed challenging the

judgment of the learned IV Additional Sessions Judge, Chennai dated

03.11.2018 passed in C.A.No.268 of 2014, confirming the conviction and

https://www.mhc.tn.gov.in/judis Crl.R.C.No1417 of 2018 and Crl.M.P.No12441 of 2021

sentence passed by the learned Metropolitan Magistrate (Fast Track

Court-I), Chennai dated 30.09.2014 passed in C.C.No.943 of 2011.

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

defacto complainant. This case has arisen out of a private complaint given

by the respondent/complainant on the allegations that the cheque issued

by the petitioner/accused for discharging the debt owed by him, got

returned due to "Insufficient funds". After issuing the statutory legal

notice and after complying the due legal mandates, the private complaint

was filed against the accused before the learned Metropolitan Magistrate,

Fast Track Court-I, Chennai, for the offence under Section 138 r/w 142 of

the Negotiable Instruments Act.

3. After the conclusion of the trial and on considering the

materials available on record, the learned Metropolitan Magistrate Fast

Track Court-I, Chennai found the accused guilty, convicted and sentenced

him for the offence under Section 138 of the Negotiable Instruments Act.

Against which, the petitioner/accused has filed an appeal in C.A.No.268

https://www.mhc.tn.gov.in/judis Crl.R.C.No1417 of 2018 and Crl.M.P.No12441 of 2021

of 2014 before the learned IV Additional Sessions Judge, Chennai, was

dismissed. Aggrieved over that, the petitioner/accused has preferred this

Criminal Revision Case.

4. When the matter was taken on 08.12.2021, both sides

counsel represented that the parties had compromised the matter and they

have filed a joint memo of compromise. The revision petitioner/accused

and the respondent/complainant were also present through video

conference and when enquired, they said that they had consented to the

terms of compromise by understanding the same. Hence, the joint memo

of compromise is recorded.

5. In view of the compromise arrived at between the parties,

this Criminal Revision Case is disposed of as settled out of Court .

Consequently, connected criminal miscellaneous petition is also closed.

The Judgment of the learned Metropolitan Magistrate, Fast Track Court-I,

Chennai, dated 30.09.2014 passed in C.C.No.943 of 2011 is set aside.

The order as to compensation has already been complied.

https://www.mhc.tn.gov.in/judis Crl.R.C.No1417 of 2018 and Crl.M.P.No12441 of 2021

6. In the criminal miscellaneous petition (Crl.M.P.No.16592

of 2018) filed to enlarge the petitioner/accused on bail, this Court passed

a conditional order on 18.12.2018, directing the petitioner/accused to

deposit the compensation amount of Rs.5,62,500/- with the trial Court

deposit. The condition was complied and that the same was not denied by

the respondent/complainant as well.

7. Now, the respondent/complainant has filed a petition in

Crl.M.P.No.12441 of 2021 praying permission of this Court to withdraw

the said compensation sum already deposited by the accused to the

account of the trial Court.

8. The accused has got no objection to grant permission to

the respondent/complainant to withdraw the said sum, since the above

sum was the compensation ordered to be paid to the

respondent/complainant. Hence, the Crl.M.P.No.12441 of 2021 is

allowed. The defacto complainant is permitted to withdraw the sum of

https://www.mhc.tn.gov.in/judis Crl.R.C.No1417 of 2018 and Crl.M.P.No12441 of 2021

Rs.5,62,500/- lying in the trial Court deposit with the accrued interest, if

any, by way of filing an appropriate application before the trial Court. On

receipt of the same, the trial Court shall pass orders for allowing the

defacto complainant to withdraw the said amount.

08.12.2021

Index : Yes/No Internet : Yes/No

rpl

To

1. The IV Additional Sessions Judge, Chennai.

2.The Metropolitan Magistrate, Fast Track Court-I, Egmore, Chennai.

R.N. MANJULA, J.

https://www.mhc.tn.gov.in/judis Crl.R.C.No1417 of 2018 and Crl.M.P.No12441 of 2021

rpl

Crl.R.C.No.1417 of 2018 and Cr.M.P.No.12441 of 2021

08.12.2021

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