G.Sukumar vs K.Joseph
2022 Latest Caselaw 8912 Mad

Citation : 2022 Latest Caselaw 8912 Mad
Judgement Date : 27 April, 2022

Madras High Court

G.Sukumar vs K.Joseph on 27 April, 2022

                                                                                    Crl.R.C.No.46 of 2022


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 27.04.2022

                                                       CORAM

                                  THE HONOURABLE MR.JUSTICE R.PONGIAPPAN

                                               Crl.RC.No.46 of 2022
                                                       and
                                          Crl.M.P.Nos.393 & 5753 of 2022

                    G.Sukumar                                      ... Petitioner/Accused

                                                           Vs.

                    K.Joseph                                 ... Respondent/Complainant

                    PRAYER:

                             Criminal Revision Case filed under Section 397 r/w 401 of Cr.P.C.

                    to set aside the judgment of conviction and sentence dated 25.09.2019

                    made in C.C.No.460 of 2017, on the file of the learned IV Metropolitan

                    Magistrate at George Town, Chennai as confirmed by the judgment dated

                    25.08.2021 in Crl.A.No.362 of 2019 on the file of the learned XVIII

                    Additional Sessions Judge, Chennai.



                                          For Petitioner     : Mr.L.Infant Dinesh

                                          For Respondent     : Mr.M.Selvin




                    Page 1 of 6
https://www.mhc.tn.gov.in/judis
                                                                                   Crl.R.C.No.46 of 2022


                                                     ORDER

This Criminal Revision Case has been filed against the

judgment of conviction and sentence dated 25.09.2019 made in

C.C.No.460 of 2017, on the file of the learned IV Metropolitan

Magistrate at George Town, Chennai as confirmed by the judgment dated

25.08.2021 in Crl.A.No.362 of 2019 on the file of the learned XVIII

Additional Sessions Judge, Chennai.

2. The revision petitioner herein is the sole accused in

C.C.No.460 of 2017. 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 one year

and to pay compensation of Rs.4,00,000/- to the complainant under

Section 357(3) of Cr.P.C., within one month failing which the accused

shall undergo default sentence of 2 months simple imprisonment.

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

https://www.mhc.tn.gov.in/judis Crl.R.C.No.46 of 2022

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

hearing, Mr.M.Selvin, learned counsel takes notice for the respondent.

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

were also present before this Court along with their identity cards. Both

of them have filed a petition in Crl.M.P.No.5753 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 14.03.2022, through which the dispute having

by the petitioner and the respondent, is amicably settled in 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

Compromise Memo dated 14.03.2022, 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.5753 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.R.C.No.46 of 2022

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

Crl.M.P.No.5753 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.