Sakthivel vs M.Thangaraj
2022 Latest Caselaw 7831 Mad

Citation : 2022 Latest Caselaw 7831 Mad
Judgement Date : 13 April, 2022

Madras High Court

Sakthivel vs M.Thangaraj on 13 April, 2022

                                                                                   Crl.RC.No.474 of 2020



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 13.04.2022

                                                          CORAM:

                                  THE HONOURABLE MR.JUSTICE R.PONGIAPPAN

                                             Crl.RC.No.474 of 2020 and
                                   Crl.MP.Nos.3785 & 3786 of 2020 and 5038 of 2022


                     Sakthivel                                                ... petitioner/accused

                                                              vs.

                     M.Thangaraj                                                  ...   Respondent

                     PRAYER: Criminal Revision filed under Sections 397 and 401 of Cr.P.C.

                     against the judgment and conviction dated 29.11.2019 made in CA.No.174

                     of 2019 on the file of the learned II Additional District and Sessions Judge,

                     Erode confirming the judgment and conviction dated 30.05.2019 made in

                     STC.No.240 of 2018 on the file of the learned Judicial Magistrate (Fast

                     Track Court No.I), Erode.



                                     For Petitioner           : Mr.D.Selvaraju


                                    For Respondent            :     Mr.C.S.Saravanan


                     1/6


https://www.mhc.tn.gov.in/judis
                                                                                 Crl.RC.No.474 of 2020



                                                        ORDER

This Criminal Revision Case has been filed against the

judgment and conviction dated 29.11.2019 made in CA.No.174 of 2019 on

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

confirming the judgment and conviction dated 30.05.2019 made in

STC.No.240 of 2018 on the file of the learned Judicial Magistrate (Fast

Track Court No.I), Erode.

2. The revision petitioner herein is the sold accused in the above

referred STC No.240 of 2018. The respondent herein filed the above referred

case as against the petitioner alleging that the petitioner herein committed

offence 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 a period of one year and to pay compensation of

Rs.2,00,000/-, in default to undergo simple imprisonment for a period of two

months. Challenging the same, the petitioner/accused is before this Court

with this criminal revision.

https://www.mhc.tn.gov.in/judis Crl.RC.No.474 of 2020

3. Today when the criminal revision came up for hearing,

Mr.C.S.Saravanan, learned counsel takes notice for the respondent. Further,

the revision petitioner/accused and the respondent/complainant, were also

present before this Court. Both of them have filed a petition in

Crl.M.P.No.5038 of 2022 under Section 147 of NI Act, wherein they prayed

to compound the offence. Further, along with the said application, they have

filed a copy of the Memo of Compromise dated 11.04.2022, through which

the dispute having by the petitioner and the respondent, is amicably settled

out of Court.

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

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

under Section 147 of the Act, the contents of the Memo of Compromise

dated 11.04.2022, 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.5038 of 2022, is allowed and the

offence committed by the petitioner/accused under Section 138 of NI Act, is

compounded.

https://www.mhc.tn.gov.in/judis Crl.RC.No.474 of 2020

5. Ultimately, in view of the order now passed in

Crl.M.P.No.5038 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.