Madras High Court
A.Sangameswaran vs Mythili on 6 April, 2022
Crl.R.C.No.874 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.04.2022
CORAM
THE HONOURABLE MR.JUSTICE R.PONGIAPPAN
Crl.RC.No.874 of 2019
and Crl.M.P.No.3833 of 2022
A.Sangameswaran
Proprietor/Authorized Signatory
Sangamesh Exports,
219/4, Breeze Towers,
Annai Nagar,
Sudhanathan Colony,
Surampatty Post,
Erode – 9. ... Petitioner/Accused
Vs.
Mythili,
Proprietor J.M.Mills,
rep by its Manager/Power Agent,
V.Jaganathan,
86, Sanjay Nagar,
Nasiyanoor Road,
Erode – 11. ... Respondent/Complainant
PRAYER: Criminal Revision Case filed under Section 397 and 401 of
Cr.P.C. to set aside the judgment of conviction and sentence dated
17.07.2019 made in C.A.No.165 of 2016, on the file of the learned I
Additional District and Sessions Judge, Erode, confirming the judgment
dated 16.08.2016 made in S.T.C.No.588 of 2013 on the file of the
learned Judicial Magistrate, Fast Track Court No.I, Erode.
Page 1 of 6
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Crl.R.C.No.874 of 2019
For Petitioner : Mr.S.Kamadevan
For Respondent : Mr.C.S.Saravanan
ORDER
This Criminal Revision Case has been filed against the
judgment of conviction and sentence dated 17.07.2019 passed by the
learned I Additional District and Sessions Judge, Erode in C.A.No.165 of
2016, confirming the judgment dated 16.08.2016 made in S.T.C.No.588
of 2013 on the file of the learned Judicial Magistrate, Fast Track Court
No.I, Erode.
2. The revision petitioner herein is the sole accused in
S.T.C.No.588 of 2013. The respondent herein filed the above referred
case as against the petitioner alleging that the petitioner is liable to be
covicting under Section 138 of Negotiable Instruments Act (herein after
referred to as “the NI Act”). Both the trial Court and the first appellate
Court concurrently held that the petitioner herein is found guilty for the
offence under Section 138 of NI Act, convicted and sentenced to undergo
simple imprisonment for six months and imposed a fine of Rs.5,000/-, in
defaulf, the accused shall undergo simple imprisonment for a period of
fifteen days. Challenging the same, the petitioner/accused is before this
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Crl.R.C.No.874 of 2019
Court.
3. Today, when this Criminal Revision Case came up for hearing,
both the revision petitioner/accused and the respondent/complainant, are
appeared in person along with their respective counsel. Both of them have
filed a petition in Crl.M.P.No.3833 of 2022 under Section 147 of NI Act,
wherein they prayed to compound the offence. Further, along with the
said application, they have filed “Joint Affidavit of the petitioner/
respondent” dated 19.03.2022 and “Additional Joint Affidavit of the
petitioner/respondent” dated 06.04.2022 through which, the dispute
having by the petitioner and the respondent, is amicably settled out of
Court.
4. It is the further submission of the learned counsel on either side
that while at the time of suspending the sentence, vide order dated
06.09.2019 in Crl.M.P.Nos.12801 & 12803 of 2019, this Court directed
the petitioner to deposit a sum of Rs.60,000/- to the credit of
S.T.C.No.588 of 2013 on the file of the learned Judicial Magistrate, Fast
Track Court-I, Erode. In this regard, the petitioner is not having any
objection to give the same to the respondent/complainant.
5. In view of the above, as the present offence committed by the
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Crl.R.C.No.874 of 2019
revision petitioner/accused under Section 138 of NI Act, is compoundable
under Section 147 of the Act, the contents of the Joint Affidavit of the
petitioner/respondent dated 19.03.2022 and the Additional Joint Affidavit
of the petitioner/respondent dated 06.04.2022, were read out to both
parties and the same has been agreed by either side as found correct.
Accordingly, this Criminal Miscellaneous Petition in Crl.M.P.No.3833 of
2022, is allowed and the offence committed by the petitioner/accused
under Section 138 of NI Act, is compounded.
6. Ultimately, in view of the order now passed in Crl.M.P.No.3833
of 2022, this Court is inclined to pass the following orders :-
(i) The judgment of conviction and sentence passed
by the Courts below are set aside and the accused is
acquitted of the charge under Section 138 of the NI Act.
(ii) The Joint Affidavit of the petitioner/respondent
dated 19.03.2022 and the Additional Joint Affidavit of the
petitioner/respondent dated 06.04.2022 shall form part and
parcel of this Order.
(iii) The respondent/complainant is permitted to
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Crl.R.C.No.874 of 2019
withdraw the deposit amount of Rs.60,000/- along with
interest, if any, lying before the trial Court on filing
necessary application and on production of proper proof.
7. With the above directions, this Criminal Revision Petition
stands closed.
06.04.2022
Speaking/Non-speaking order
Index: Yes / No
Internet : Yes
rts
To
1. The I Additional District and Sessions Judge,
Erode
2. The Judicial Magistrate,
FTC No.1, Erode.
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.874 of 2019
R.PONGIAPPAN, J.
rts
Crl.RC.No.874 of 2019
and Crl.M.P.No.3833 of 2022
06.04.2022
https://www.mhc.tn.gov.in/judis
