Balasubramanian vs R.Sambandham
2022 Latest Caselaw 8029 Mad

                                                                                 Crl.R.C.No.973 of 2019


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 19.04.2022

                                                       CORAM

                                  THE HONOURABLE MR.JUSTICE R.PONGIAPPAN

                                              Crl.R.C.No.973 of 2019
                                            and Crl.M.P.No.5201 of 2022

                    Balasubramanian                                            ... Petitioner

                                                           Vs.

                    R.Sambandham                                               ... Respondent

                    PRAYER: Criminal Revision Case filed under Section 397 r/w 401 of
                    Cr.P.C. to call for the records in C.A.No.44 of 2019 dated 08.08.2019 on
                    the file of the learned II Additional District and Sessions Judge,
                    Chidambaram,        confirming   the    order   and   judgment   passed        in
                    S.T.C.No.309 of 2013 dated 22.01.2019 on the file of the learned Judicial
                    Magistrate No.II, Chidambaram, Cuddalore District and set aside the
                    same by allowing this Criminal Revision Petition.


                                          For Petitioner     : Mr.S.Ganesh

                                          For Respondent     : Mr.G.Nanmaran

                                                       ORDER

This Criminal Revision Case has been filed against the judgment

of conviction and sentence dated 22.01.2019 made in S.T.C.No.309 of

https://www.mhc.tn.gov.in/judis Crl.R.C.No.973 of 2019

2013, on the file of the learned Judicial Magistrate No.II, Chidambaram,

Cuddalore District, as confirmed by the judgment dated 08.08.2019 in

C.A.No.44 of 2019 on the file of the learned II Additional District and

Sessions Judge, Chidambaram.

2. The revision petitioner herein is the sole accused in

S.T.C.No. 309 of 2013. The respondent/complainant herein filed the

above referred case as against the revision petitioner alleging that the

petitioner herein has 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 six months

and fine of Rs.2,000/- and to pay compensation of Rs.40,000/- to the

complainant under Section 357(3) of Cr.P.C., within two months failing

which the accused shall undergo default sentence of three months simple

imprisonment. Challenging the same, the petitioner/accused is before this

Court.

https://www.mhc.tn.gov.in/judis Crl.R.C.No.973 of 2019

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

Mr.G.Nanmaran, 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.5201 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 Compromise Memo dated 29.03.2022,

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 this Court dated 23.09.2019 in

Crl.M.P.Nos.13673 & 13675 of 2019, the petitioner herein deposited a

sum of Rs.20,000/- to the credit of S.T.C.No. 309 of 2013 on the file of

the learned Judicial Magistrate-II, Chidambaram, and the same has to be

withdrawn by the respondent/complainant.

5. 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

https://www.mhc.tn.gov.in/judis Crl.R.C.No.973 of 2019

Compromise Memo dated 29.03.2022, 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.5201 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.5201

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 Compromise Memo dated 29.03.2022 shall form part and parcel of this Order.

(iii) The respondent/complainant is permitted to withdraw the deposit amount of Rs.20,000/- along with interest, if any, lying before the trial Court by filing necessary application and on production of proper proof.

7. With the above directions, this Criminal Revision Petition

stands closed.

19.04.2022 Speaking/Non-speaking order Index: Yes / No rts

https://www.mhc.tn.gov.in/judis Crl.R.C.No.973 of 2019

To

1. The II Additional District and Sessions Judge, Chidambaram

2. The Judicial Magistrate No.II, Chidambaram, Cuddalore District

https://www.mhc.tn.gov.in/judis Crl.R.C.No.973 of 2019

R.PONGIAPPAN, J.

rts

Crl.R.C.No.973 of 2019 and Crl.M.P.No.5201 of 2022

19.04.2022

https://www.mhc.tn.gov.in/judis