Madras High Court
Mathew Thomas vs Augustine Sanjeevi Beattie on 1 February, 2021
Crl.O.P.No.1364 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.02.2021
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P.No.1364 of 2021
Mathew Thomas ... Petitioner
Vs.
Augustine Sanjeevi Beattie ... Respondent
Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to
compound the offence under Section 147 of Negotiable Instruments Act
between the petitioner and the respondent based on the Joint Memo of
Compromise dated 18.01.2021 and judgment in CC.No.68 of 2013 dated
21.02.2017 on the file of the learned Judicial Magistrate (FTC) Vellore District
and the same was confirmed in Crl.A.No.24 of 2017 on the file of the learned
Principal District and Sessions Judge, Vellore District in Judgment dated
23.03.2018 and the same further confirmed by this Hon'ble court in
Crl.RC.No.623 of 2018 by order dated 26.11.2019 and set the petitioner at
liberty.
For Petitioner : Mr.E.Kannadasan
For Respondent : Mr.C.K.M.Appaji
ORDER
On consent given by either side, the main petition itself has been taken up
for final hearing.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.1364 of 2021
2. The respondent filed a complaint against the petitioner under Section
138 of Negotiable Instruments Act in CC. No.68 of 2013, on the file of the
learned Judicial Magistrate (FTC), Vellore. The trial Court convicted the
petitioner and sentenced him to undergo imprisonment and imposed fine and
compensation. This was confirmed upto this Court in Crl.RC.No.623 of 2018 by
an order dated 26.11.2019.
3. This petition has been filed for compounding the offence on the basis
of a joint compromise entered into between the parties on 18.01.2021.
4. Mr.CKM.Appaji, learned counsel appearing on behalf of the
respondent submitted that the respondent has received a sum of Rs.5,00,000/-
from the petitioner and the matter has been amicably settled between the parties.
The respondent was also present in person at the time of hearing through video
conferencing and he also informed this Court that the matter has been settled
between the parties and the offence can be compounded.
5. In the considered view of this Court, Section 147 of Negotiable
Instruments Act, provides for an independent power to compound the offence at
any stage. This Court, in Philix Thiyagarajan Vs. Radhakrishnan in
https://www.mhc.tn.gov.in/judis/
Crl.OP.No.14252 of 2019, by an order dated 03.07.2019, after considering all
Crl.O.P.No.1364 of 2021
the earlier judgments held that this Court can entertain a petition under Section
482 of Cr.P.C. and compound the offense by virtue of Section 147 of Negotiable
Instruments Act.
6. In view of the above, the offence is compounded and the judgment of
conviction and sentence passed against the petitioner, is hereby set aside in view
of the compromise entered into between the parties.
7. This Criminal Original Petition is accordingly allowed.
01.02.2021
Speaking Order/Non-speaking Order
Index :Yes/No
Internet:Yes/No
rli
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.1364 of 2021
N.ANAND VENKATESH,J.
rli
Crl.O.P.No.1364 of 2021
01.02.2021
https://www.mhc.tn.gov.in/judis/
