Madras High Court
Kalavathy vs Punniyakotti on 15 December, 2021
Crl.R.C.No.653 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.12.2021
CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Crl.R.C.No.653 of 2014
Kalavathy .. Petitioner
Versus
Punniyakotti .. Respondent
Prayer : Criminal Revision Case is filed under Section 397 and 401 of Cr.P.C.,
to allow the above Criminal Revision and set aside the conviction imposed on
the petitioner/accused in C.C.No.15 of 2012 dated 26.06.2012 on the file of the
Fast Track, Magistrate Level, Alandur for the alleged offence under Section
138 of Negotiable Instruments Act and sentenced her to undergo Simple
Imprisonment for six months and a fine of Rs.5000/-, if failed to pay the fine,
have to undergo another one month of Simple Imprisonment and also direct the
petitioner/accused to pay a sum of Rs.50,000/- as compensation under Section
357(3) of Cr.P.C., in case of default, have to undergo another one month of
Simple Imprisonment, which was confirmed in C.A.No.33 of 2012 dated
19.06.2014 on the file of the learned Additional District and Sessions Judge,
Chengalpattu and acquit the petitioner/accused and further order the refund of
the fine paid.
For Petitioner : Mr.R.Chithiraputhiran
For Respondent : No Appearance
ORDER
Today, this matter has been taken up for hearing in the chambers, even
though there is no single sitting, due to continuation of Division Bench till
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Crl.R.C.No.653 of 2014
evening.
2. Pursuant to the order of this Court on 07.12.2021, V.Thenmozhi,
Women Head Constable, Shankarnagar Police Station, Chennai, today
produced the petitioner/accused, namely Kalavathy and the
respondent/complainant, Punniyakotti. Photo copies of the respective Aadhar
Cards are also produced before this Court and photo copies are retained in the
bundle.
3. It is represented by the respondent/complainant that pursuant to
compromise reached by the parties, he has already received the sum due under
the cheque and therefore, the issue is settled and endorsements are made by
both the parties, to that effect. The offence is compounded. The
petitioner/accused also confirmed the same.
4. In that view of the matter, Mr.R.Chithiraputhiran, learned Counsel for
the petitioner/accused also confirms the same and Mr.L.Baskaran, learned
Government Advocate (Criminal Side) also present.
5. The respondent/complainant submits that there is no Counsel
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Crl.R.C.No.653 of 2014
appearing on behalf of him. But, however, confirms the fact that he has
received the cheque amount.
6. In that view of the matter, the judgment of the Fast Track Court-
Magistrate level, Alandur, dated 26.07.2012 in C.C.No.15 of 2012 and the
judgment of the learned Additional District and Sessions Judge, Chengalpattu
dated 19.06.2014 in Crl.A.No.33 of 2012 are hereby set aside. The offence is
compounded.
7. The Criminal Revision Case is allowed as indicated above.
15.12.2021
Index : yes/no
Speaking order
grs
To
1.The Additional District and Sessions Judge, Chengalpattu.
2.The Judicial Magistrate.
Fast Track Court,
Magistrate Level,
Alandur.
3.The Public Prosecutor,
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Crl.R.C.No.653 of 2014
High Court of Madras.
(Since the parties were produced by the
Women Head Constable, Shankarnagar Police Station, Chennai).
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Crl.R.C.No.653 of 2014
D.BHARATHA CHAKRAVARTHY, J.
grs
Crl.R.C.No.653 of 2014
15.12.2021
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