Madras High Court
V.S.Ponnusamy vs A.Mathiyalagan on 12 November, 2021
CRL.R.C.No.1431 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :12.11.2021
CORAM:
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA
CRL.R.C.No.1431 of 2019
V.S.Ponnusamy,
S/o, Chenni ... Petitioner
Versus
A.Mathiyalagan,
S/o, Ayyavu ...
Respondent
PRAYER: Criminal Revision Petition filed under Section 391 and 401
of the Code of Criminal Procedure, to call for the records and set aside
the conviction imposed in the judgment dated 10.09.2019 made in
C.A.No.61 of 2019 on the file of the Principal Sessions Judge of Erode,
confirming the conviction imposed on the judgment dated 14.12.2018
made in S.T.C.No.101 of 2018 on the file of the Judicial Magistrate, Fast
Track Court No.I, Erode.
For Petitioner : Mr.J.Ranjith Kumar
For Respondent : Mr.M.V.Guruprasad
Page No.1 of 7
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CRL.R.C.No.1431 of 2019
ORDER
This Criminal Revision Petition has been filed seeking to set aside
the order of conviction dated 10.09.2019 passed in C.A.No.61 of 2019 on
the file of the Principal Sessions Judge of Erode, confirming the order of
conviction dated 14.12.2018 passed in S.T.C.No.101 of 2018 on the file
of the Judicial Magistrate, Fast Track Court No.I, Erode.
2. For the sake of convenience, the parties are referred to as per
their rankings in the trial court.
3. The accused borrowed a sum of Rs.1,50,000/- from the
complainant on 22.12.2017 and issued a post dated cheque bearing
No.300652, drawn on Corporation Bank, Teachers Colony Branch,
Erode. The complainant had presented the cheque for collection on
24.01.2018 through Indian Overseas Bank, Modakurichi Branch and the
same was dishonored for the reason “insufficient funds” on 29.01.2018.
The complainant had issued a statutory notice to the respondent on
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CRL.R.C.No.1431 of 2019
06.02.2018 in due compliance of the procedures contemplated under
section 138(b) of the Negotiable Instruments Act and since the accused
did not come forward to settle the demanded amount, the complainant
had preferred a complaint in S.T.C.No.101 of 2018 on the file of the
learned Judicial Magistrate, Fast Track Court No.I, Erode. On the side of
the complainant, P.W.1 to P.W.3 were examined. Exhibits P1 to P14
were marked in support of his case. No evidence was let in by the
defence side and after a full fledged trial, the trial court had found the
accused guilty for the offence under section 138 of the Negotiable
Instruments Act and sentenced him to undergo simple imprisonment for a
period of one year and imposed a fine of Rs.1,50,000/- towards
compensation, in default to undergo two months simple imprisonment.
Aggrieved over the order of conviction passed by the trial court, the
accused preferred an appeal in C.A.No.61 of 2019 on the file of the
Principal Sessions Court, Erode. The Appellate Court by its judgment
dated 10.09.2019, had dismissed the appeal by confirming the order of
the trial court. Against which, the accused/ petitioner herein had
preferred the present Criminal Revision Petition.
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CRL.R.C.No.1431 of 2019
4. The accused/petitioner herein filed Crl.M.P.Nos.18468 and
18470 of 2019 seeking exemption from surrendering and also suspension
of sentence. This Court vide order dated 12.12.2019, had granted
suspension of sentence and also exempted him from surrendering on
condition that the petitioner shall deposit a sum of Rs.75,000/- before the
trial court within three weeks from the date of receipt of a copy of the
order. The accused had failed to comply with the abovesaid order.
Thereafter, the accused had been arrested in pursuant to a non-bailable
warrant issued by the trial court and now he is in custody. Meanwhile,
the parties have compromised the matter and pursuant to the
compromise, the complainant had received a sum of Rs.1,30,000/- as full
and final settlement towards the disputed cheque.
5. Today, the complainant has filed an affidavit before this Court
stating that the matter has been compromised between the parties and he
has also received the said amount of Rs.1,30,000/- as full and final
settlement towards the disputed cheque in this case and also prayed that
the offence may be compounded.
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CRL.R.C.No.1431 of 2019
6. The learned counsel for the petitioner/accused would submit that
the petitioner had been arrested and now he is in jail from 20.10.2021.
He would further submit that the matter has been settled and the wife of
the petitioner/accused has paid the amount of Rs.1,30,000/- towards full
and final settlement. He would further submit that the
respondent/complainant has also filed a necessary affidavit agreeing to
compound the matter and prayed that the revision may be allowed in
terms of agreement entered into between the parties and the affidavit filed
by the complainant.
7. In view of the compounding of the offence, the Criminal
Revision Petition stands allowed and the conviction and sentence imposed
in the judgment dated 10.09.2019 passed in C.A.No.61 of 2019 on the
file of the Principal Sessions Court, Erode, and the conviction and
sentence imposed in the judgment dated 14.12.2018 passed in
S.T.C.No.101 of 2018 on the file of the Judicial Magistrate, Fast Track
Court No.I, Erode are set aside. In view of the setting aside of the
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CRL.R.C.No.1431 of 2019
conviction and sentence of the Courts below, the revision petitioner is
directed to be set at liberty forthwith. Affidavit of the
respondent/complainant shall form part of the Court records.
12.11.2021
Index: Yes/No
Internet: Yes/No
mfa
Note: Issue Order Copy today
To
1. The Principal Sessions Judge,
Principal Sessions Court,
Erode.
2. The Judicial Magistrate,
Fast Track Court No.I,
Erode.
Copy to:
The Superintendent,
Central Prison,
Coimbatore.
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CRL.R.C.No.1431 of 2019
A.D.JAGADISH CHANDIRA, J.,
mfa
CRL.R.C.No.1431 of 2019
12.11.2021
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