Madras High Court
M.Ravi vs M.Sakthivel on 18 November, 2021
Crl.R.C.No.1087 of 2020 and
Crl.M.P.Nos.7587 & 758 of 2021
and Crl.M.P.No.11872 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 18.11.2021
CORAM:
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA
Crl.R.C.No.1087 of 2020 and
Crl.M.P.Nos.7587 & 758 of 2021
and Crl.M.P.No.11872 of 2021
M.Ravi ...Petitioner
-Vs-
M.Sakthivel ...Respondent
Criminal Revision Case filed under Sections 397 read with Section
401 of Cr.P.C. to set aside the judgment dated 12.10.2020 passed in
C.A.No.69 of 2010 by the learned Principal District and Sessions Judge,
Namakkal, confirming the order passed by the learned Judicial Magistrate
(FTC), Tiruchengode in S.T.C.No.256 of 2018 dated 08.11.2019.
For Petitioner : Mr.S.N.Subramani
Respondent : Mr.R.Venkatesh
*******
1/9
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1087 of 2020 and
Crl.M.P.Nos.7587 & 758 of 2021
and Crl.M.P.No.11872 of 2021
ORDER
This criminal revision has been filed against the judgment dated
12.10.2020 passed in C.A.No.69 of 2010 by the learned Principal District
and Sessions Judge, Namakkal, confirming the judgment of conviction and
sentence passed by the learned Judicial Magistrate (FTC), Tiruchengode, in
S.T.C.No.256 of 2018 dated 08.11.2019 and to acquit the
petitioner/accused.
2 For the sake of the convenience, the petitioner and the
respondent are referred to as the accused and complainant respectively.
3 It is the case of the complainant that the accused is known to
him and he had borrowed an amount of Rs.1,50,000/- from the complainant
for his urgent expenses on 10.04.2018 and to discharge the liability, the
accused had issued a cheque bearing No.083919 dated 09.05.2018 for
Rs.1,50,000/- drawn at AXIS Bank, Tiruchengodu Branch in favour of the
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1087 of 2020 and
Crl.M.P.Nos.7587 & 758 of 2021
and Crl.M.P.No.11872 of 2021
complainant. When the cheque had been presented for collection, it had been
returned by the bankers of the accused with a return memo stating that
'account closed' on 11.05.2018. Thereafter the complainant had issued
statutory legal notice dated 24.05.2018 by demanding the amount due
within 15 days. The notice had been received by the accused on 07.06.2018
and the accused neither replied nor made the payment. Hence the
complainant had preferred the complaint before the learned Judicial
Magistrate (FTS), Tiruchengode, under Section 200 of Cr.P.C for the
offence punishable under Section 138 of the Negotiable Instruments Act (in
short “NI Act”) and also prayed for compensation under Section 357(3) of
Cr.P.C.
4 On the side of the complainant, he had examined himself as
P.W.1 and marked Exs.P1 to P5. The accused had not let in any evidence
orally or filed any documentary evidence. The trial Court found the accused
guilty for the offence under Section 138 of NI Act and sentenced him to
undergo simple imprisonment for a period of six months and also directed
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1087 of 2020 and
Crl.M.P.Nos.7587 & 758 of 2021
and Crl.M.P.No.11872 of 2021
him to pay Rs.1,50,000/- as compensation to the complainant. Against the
conviction and sentence, the accused had preferred an appeal in C.A.No.69
of 2019 on the file of the learned Principal District and Sessions Judge,
Namakkal, and the appellate Court dismissed the appeal and confirmed the
order passed by the trial Court. Challenging the judgment passed by both
the Courts below, petitioner has preferred the revision before this Court.
5 During pendency of the revision, the complainant and the
accused had arrived at a compromise and filed a criminal miscellaneous
petition in Crl.M.P.No.11872 of 2021 seeking to compound the offence.
6 Mr.S.N.Subramani, learned counsel for the petitioner/accused
would submit that the parties have compromised the matter pursuant to
which, they have arrived at a compromise and they have also filed a
compromise memo before this Court to that effect. He would further submit
that though cheque amount is Rs.1,50,000/-, the parties have mutually
agreed to settle the case for an amount of Rs.1,40,000/- pursuant to which,
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1087 of 2020 and
Crl.M.P.Nos.7587 & 758 of 2021
and Crl.M.P.No.11872 of 2021
Rs.1,20,000/- has been paid by way of Demand Draft dated 17.02.2021
bearing No.945730 (Karur Vysya Bank), Tiruchengodu Branch and the
balance amount of Rs.20,000/- has been paid by way of cash. The
respondent/complainant has also received the amount and agreed to
compromise the matter. The learned counsel would further submit that in
spite of the pandemic situation he had with great difficulty raised the amount
of Rs.1,40,000/- to settle the issue with the respondent/complainant. He
would further submit that an amount of Rs.30,000/- was deposited before
the trial Court during the pendency of the appeal. He would further submit
that though the Hon'ble Apex Court has issued guidelines regarding
imposition of cost at the time of settlement in the case of Damodar S.
Prabhu Vs. Sayed Babalal H. reported in (2010) 5 SCC 663, he would
pray that an amount f Rs.10,000/- may be directed to be deducted as cost
and be paid to the Legal Services Authority of the court concerned and a
further direction may be issued to the trial Judge to return back the amount
of Rs.20,000/- which is available in the Court.
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1087 of 2020 and
Crl.M.P.Nos.7587 & 758 of 2021
and Crl.M.P.No.11872 of 2021
7 Mr.R.Venkatesh, the learned counsel appearing for the
respondent/complainant would submit that the respondent received the
money as stated in the compromise memo and would further submit that the
offence may be compounded and the revision may be allowed.
8 Heard Mr.S.N.Subramani, learned counsel for the
petitioner/accused and Mr.R.Venkatesh, learned counsel appearing for the
respondent/complainant and perused the materials available on record.
9 The petitioner/accused and the respondent/complainant have
entered into a memorandum of compromise and thereby they have filed a
petition for compounding the offence. As per the guidelines given by the
Hon'ble Supreme Court reported in (2010) 5 SCC 663 (Damodar S. Prabhu
Vs. Sayed Babalal H.), to compound the offence, accused has to deposit
15% of the cheque amount before the High Court. However taking into
consideration the pandemic situation, the petitioner is directed to pay
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1087 of 2020 and
Crl.M.P.Nos.7587 & 758 of 2021
and Crl.M.P.No.11872 of 2021
Rs.10,000/- towards costs.
10 In view of the above, the offence stands compounded under
Section 147 of the NI Act and the judgment dated 12.10.2020 passed in
C.A.No.69 of 2010 by the learned Principal District and Sessions Judge,
Namakkal, confirming the judgment of conviction and sentence passed by
the learned Judicial Magistrate (FTC), Tiruchengode, in S.T.C.No.256 of
2018 dated 08.11.2019 are hereby set aside and the accused is acquitted
from the charges levelled against him.
11 Accordingly, this criminal revision stands allowed and the
judgments of both the Courts below are set aside. The miscellaneous petition
in Crl.M.P.No.11872 of 2021 stands allowed and the other connected
miscellaneous petitions are closed.
12 The trial Court is directed to return a sum of Rs.20,000/- to the
petitioner/accused out of Rs.30,000/- deposited by him during pendency of
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1087 of 2020 and
Crl.M.P.Nos.7587 & 758 of 2021
and Crl.M.P.No.11872 of 2021
the appeal and the remaining amount of Rs.10,000/- shall be paid as costs to
the District Legal Service Authority concerned. Registry is directed to return
back the entire case records to the trial Court forthwith.
18.11.2021
Index : Yes/No
Speaking Order/Non Speaking Order
cg
To
1. The Principal District and Sessions Judge, Namakkal.
2. The Judicial Magistrate (FTC), Tiruchengode.
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1087 of 2020 and
Crl.M.P.Nos.7587 & 758 of 2021
and Crl.M.P.No.11872 of 2021
A.D.JAGADISH CHANDIRA, J.,
cgi
Crl.R.C.No.1087 of 2020 and
Crl.M.P.Nos.7587 & 758 of 2021
and Crl.M.P.No.11872 of 2021
18.11.2021
https://www.mhc.tn.gov.in/judis
