Madras High Court
R.Sasikala ... Revision vs M.Bhuvaneswari on 30 September, 2021
Crl.R.C.No.145 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.09.2021
CORAM:
THE HON'BLE Mr. JUSTICE P.VELMURUGAN
Criminal Revision Case No.145 of 2020
and
Crl.M.P.Nos.7443 and 8963 of 2021
R.Sasikala ... Revision Petitioner
Vs.
M.Bhuvaneswari ... Respondent
Criminal Revision Case filed under Section 397 read with 401
Cr.P.C. praying to call for the entire case records pertaining to Criminal
Appeal No.151 of 2019 and set aside the totally erroneous and perverse
order of conviction and sentence passed by the learned 1st Additional
District and Sessions Judge, Coimbatore, dated 30.10.2019 in
C.A.No.151 of 2019, confirming the conviction and sentence passed by
the learned Fast Track court No.II at Coimbatore, in C.C.No.1348 of
2017 dated 12.04.2019 by allowing the present criminal Revision filed
by the accused.
For Petitioner : Mr.T.M.Shivakumar for
Mr.S.Prabhu
For Respondent : Mr.B.Thirumalai
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Crl.R.C.No.145 of 2020
ORDER
(The case has been heard through video conference)
The Criminal Revision Case has been filed against the Judgment
dated 30.10.2019 passed by the learned I Additional District and
Sessions Judge, Coimbatore, in C.A.No.151 of 2019, confirming the
order of conviction and sentence passed by the learned Judicial
Magistrate, Fast Track Court No.II, Coimbatore, in C.C.No.1348 of 2017
dated 12.04.2019.
2. The respondent is complainant and the petitioner is accused.
The respondent had filed a private complaint under Section 200 Cr.P.C.
for the offence under Section 138 of Negotiable Instruments Act before
the Judicial Magistrate, Fast Track Court No.II, Coimbatore, and the
learned Magistrate taken cognizance of the complaint in C.C.No.1348 of
2017. After enquiry, the learned Magistrate convicted the petitioner and
sentenced him to undergo six months simple imprisonment and to pay the
cheque amount of Rs.4,00,000/- as compensation with 6% interest from
the date of cheque, in default to undergo 3 months simple imprisonment.
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Crl.R.C.No.145 of 2020
3. Challenging the said order of conviction and sentence, the
petitioner herein filed an appeal before the Principal District and
Sessions Judge, Coimbatore. The learned Principal District and Sessions
Judge, Coimbatore, taken the appeal on file in Crl.A.No.151 of 2019 and
made over to case to the I Additional District and Session Judge,
Coimbatore for disposal. The learned I Additional District and Sessions
Judge, after hearing the arguments, dismissed the appeal by Judgment
dated 30.10.2019 and confirmed the conviction and sentence passed by
learned Magistrate.
4. Again challenging the said Judgment of dismissal of appeal, the
petitioner has filed the present revision before this Court.
5. During the pendency of the revision, both the parties said to
have arrived at a settlement and they have filed a Joint Compromise
Memo dated 31.08.2021. Since, the offence under Section 138 of
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Crl.R.C.No.145 of 2020
Negotiable Instruments Act is a compoundable offence, the parties could
compound the matter, Provided that they settle the matter after filing the
complaint. During the pendency of the trial, they have to deposit 10% of
the cheque amount as cost. If they settle the matter pending appeal or
revision before the High Court, they have to pay 15% of the cheque
amount as cost. Therefore this Court had directed the petitioner/accused
vide Crl.M.P.No.8963 of 2021 dated 07.09.2021 to pay 15% of the
cheque amount and the petitioner/accused has also deposited 15% of the
cheque amount i.e. Rs.60,000/- (Rupees Sixty Thousand Only) before
this Court vide Demand Dfraft No.754769 dated 22.09.2021 drawn from
Karur Vysys Bank, Coimbatore, drawn in favor of “The Registrar
General High Court, Madras, payable at Chennai on 24.09.2021.
6. Therefore, since the offence under Section 138 of Negotiable
Instruments Act is a compoundable offence and both the parties have
filed a Memorandum of Joint Compromise and considering the facts and
circumstances of the case, accepting the Joint Compromise Memo filed
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Crl.R.C.No.145 of 2020
by both the parties, the Criminal Revision Case is allowed. The
conviction and sentenced passed by the learned Judicial Magistrate, Fast
Track Court No.II, Coimbatore, in C.C.No.1348 of 2017 dated
12.04.2019 and confirmed by the learned I Additional District and
Sessions Judge, Coimbatore, in C.A.No.151 of 2019, dated 30.10.2019
are hereby set aside. The Memorandum of Joint Compromise dated
31.08.2021 shall be treated as part and parcel of this order.
7. The respondent/complainant is permitted to withdraw the
amount of Rs.2,00,000/- (Rupees Two Lakhs Only) deposited by the
petitioner before the Judicial Magistrate, Fast Track Court No.II,
Coimbatore, in C.C.No.1348 of 2017.
8. With the above observations, this Criminal Revision Case is
allowed. Consequently, connected Miscellaneous Petitions are closed.
30.09.2021
Internet: Yes/No
ksa-2
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Crl.R.C.No.145 of 2020
P.VELMURUGAN, J.
ksa-2
To
1. The I Additional District and Sessions Judge,
Coimbatore,
2. The Judicial Magistrate, Fast Track Court No.II,
Coimbatore,
Crl.R.C.No.145 of 2020
30.09.2021
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