S.Manivannan vs P.Sathishkumar
2022 Latest Caselaw 7299 Mad

Citation : 2022 Latest Caselaw 7299 Mad
Judgement Date : 7 April, 2022

Madras High Court

S.Manivannan vs P.Sathishkumar on 7 April, 2022

                                                                                      Crl.R.C.No.739 of 2019


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 07.04.2022

                                                       CORAM

                                  THE HONOURABLE MR.JUSTICE R.PONGIAPPAN

                                               Crl.RC.No.739 of 2019
                                            and Crl.M.P.No.4860 of 2022

                    S.Manivannan                             ... Petitioner/Accused

                                                           Vs.

                    P.Sathishkumar                           ... 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
                    05.06.2018 made in S.T.C.No.317 of 2017, on the file of the learned
                    Judicial Magistrate, FTC No.1, Erode, as confirmed by the judgment
                    dated 07.12.2018 in C.A.No.269 of 2018 on the file of the learned II
                    Additional District and Sessions Judge, Erode.

                                          For Petitioner     : Mr.M.Guruprasad

                                          For Respondent     : Mr.N.Somasundaram

                                                       ORDER

This Criminal Revision Case has been filed against the judgment

of conviction and sentence dated 05.06.2018 made in S.T.C.No.317 of

2017, on the file of the learned Judicial Magistrate, FTC No.1, Erode, as

confirmed by the judgment dated 07.12.2018 in C.A.No.269 of 2018 on

the file of the learned II Additional District and Sessions Judge, Erode.

https://www.mhc.tn.gov.in/judis Crl.R.C.No.739 of 2019

2. The revision petitioner herein is the sole accused in the

above referred case. The said case has been filed by the respondent

herein as against the petitioner, alleging that he committed an offence

under Section 138 of Negotiable Instruments Act. The trial Court, after

concluding the trial, found the petitioner guilty under Section 138 of

Negotiable Instruments Act, convicted and sentenced him to undergo

simple imprisonment for six months and to pay compensation of

Rs.1,80,000/- to the complainant under Section 357(3) of Cr.P.C., failing

which the accused shall undergo default sentence of one month simple

imprisonment. In the appeal preferred by the petitioner in C.A.No.269 of

2018, the learned II Additional District and Sessions Judge, Erode,

confirmed the findings arrived at by the trial Court and dismissed the

appeal. Challenging the said concurrent findings, the petitioner filed

Criminal Revision Case in Crl.R.C.No.739 of 2019, before this Court.

3. Today, when this Criminal Revision Case came up for hearing,

Mr.N.Somasundaram, learned counsel takes notice for the respondent.

Further, the revision petitioner/accused and the respondent/complainant,

were also present before this Court. The revision Petitioner has filed a

petition in Crl.M.P.No.4860 of 2022 under Section 147 of NI Act,

https://www.mhc.tn.gov.in/judis Crl.R.C.No.739 of 2019

wherein he prayed to compound the offence. Further, along with the said

application, he has filed a copy of the 'Joint Memo of Compromise' dated

07.04.2022, 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 as per the direction of the this Court while suspending the sentence

imposed upon the petitioner vide order dated 29.10.2019, made in

Crl.M.P.Nos.10388 & 10391 of 2019 in Crl.R.C.No.739 of 2019, the

petitioner herein deposited a sum of Rs.1,00,000/- to the credit of

S.T.C.No.317 of 2017 on the file of the learned Judicial Magistrate-I,

Erode, and the same has been subsequently withdrawn by the respondent

herein. Balance amount of Rs.80,000/- out of the total cheque amount

i.e. Rs.1,80,000/- was paid by this petitioner to the respondent, in two

spells viz., Rs.30,000/- on 07.03.2022 and 07.04.2022, vide

D.D.Nos.513447 and 513476, respectively, drawn on City Union Bank,

Modakurichi Branch.

5. In view of the above, as the present offence committed by the

revision petitioner/accused under Section 138 of NI Act, is

https://www.mhc.tn.gov.in/judis Crl.R.C.No.739 of 2019

compoundable under Section 147 of the Act, the contents of the 'Joint

Memo of Compromise' dated 07.04.2022 was 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.4860 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.4860

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.