Jayapal vs P.L.Chidambaram
2021 Latest Caselaw 198 Mad

Citation : 2021 Latest Caselaw 198 Mad
Judgement Date : 5 January, 2021

Madras High Court

Jayapal vs P.L.Chidambaram on 5 January, 2021

                                                                                   Crl.R.C.No.232 of 2014

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 05.01.2021

                                                       CORAM:

                          THE HONOURABLE Mr.JUSTICE A.D.JAGADISH CHANDIRA

                                                 Crl.R.C.No.232 of 2013

                   Jayapal,
                   S/o.Subramaniyan                                   .. Petitioner/Accused

                                                           Vs.


                   P.L.Chidambaram,
                   S/o.Pazhaiappan                                    .. Respondent/Complainant

                   PRAYER: Criminal Revision filed under Section 397 r/w 401 Cr.P.C., to
                   call for the records in C.A.No.31 of 2010 and to set aside the judgment dated
                   10.01.2014 on the file of the learned Principal Sessions Judge, Thiruvarur,
                   confirming the order in C.C.No.374 of 2007 on the file of the learned
                   Judicial Magistrate No.I, Mannargudi, dated 14.07.2010.


                                         For Petitioners   :     Mr.E.Raj Thilak

                                         For Respondent    :     Mr.Swami Subramaniam
                                                                 for Mr.G.Vinodh Kumar

                                                       ORDER

(The case has been heard through video conference)

This petition has been filed seeking to call for the records in

C.A.No.31 of 2010 and to set aside the judgment in C.A.No.31 of 2010, https://www.mhc.tn.gov.in/judis/

Crl.R.C.No.232 of 2014

dated 10.01.2014, passed by the learned Principal Sessions Judge,

Thiruvarur, confirming the order passed in C.C.No.374 of 2007, dated

14.07.2010, passed by the learned Judicial Magistrate No.I, Mannargudi.

2. For the sake of convenience, the petitioners and the respondent will

be referred to as accused and complainant, respectively.

3. The brief facts of the case are as under:

3.1 The complainant initiated the prosecution in C.C.No.374

of 2007 before the learned Judicial Magistrate No.I, Mannargudi, for the

offence under Section 138 of the Negotiable Instruments Act, 1881 against

the accused, in which, the trial Court, by judgment and order dated

14.07.2010, convicted the accused of the aforesaid offence and sentenced to

undergo one year simple imprisonment and directed to pay a sum of

Rs.1,00,000, as compensation to the defacto complainant in default to

undergo six months simple imprisonment.

3.2 The appeal in C.A.No.31 of 2010 filed by the accused, was

dismissed by the learned Principle District and Sessions Judge, Thiruvarur,

on 10.01.2014.

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

Crl.R.C.No.232 of 2014

3.3 Challenging the concurrent findings of fact arrived at by the

Courts below, the accused has filed the present criminal revision under

Section 397 r/w 401 Cr.P.C.

4. Heard Mr.E.Raj Thilak, learned counsel for the petitioner/accused

and Mr.Swami Subramaniam, learned counsel for Mr.G.Vinodh Kumar,

learned counsel for the respondent/complainant.

5. The learned counsel for both sides submitted that the parties have

arrived at a compromise and they have also filed a joint memorandum of

compromise, signed by the parties and their respective counsel.

6. The terms of the joint memorandum of compromise reads as under:

“2. The parties submit that, during the pendency of the present petition, the petitioner has repaid the amount to the respondent.

3. The parties submit that, therefore, voluntarily they have decided to compromise the present proceedings.

In these circumstances, it is humbly submitted that this Hon'ble Court pleased to compound the offence under S.138 of the Negotiable Instruments Act in C.C.No.374 of 2007 on the file of the Learned Judicial Magistrate-I, mannargudi and thus render justice.” https://www.mhc.tn.gov.in/judis/

Crl.R.C.No.232 of 2014

7. In view of the above, the offence under Section 138 of the NI Act

stands compounded under Section 147, ibid and the accused are acquitted of

the charge. The judgment and order dated 14.07.2010 passed in C.C.No.374

of 2007, on the file of the learned Judicial Magistrate No.I, Mannargudi,

confirmed by the judgment and order dated 10.01.2014 passed in C.A.No.31

of 2010 on the file of the learned Principal Sessions Judge, Thiruvarur, are

hereby set aside.

8. In fine, this criminal revision is allowed. The bail bond executed by

the accused shall stand cancelled. Fine amount, if any, paid by the accused

shall be refunded. The Registry is directed to return the original records to

the Courts below concerned.