Madras High Court
Pandiyaraj vs Pandidurai on 2 December, 2022
Crl.R.C.(MD)No.123 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.12.2022
CORAM:
THE HON'BLE MR.JUSTICE G.ILANGOVAN
Crl.R.C.(MD)No.123 of 2022
Pandiyaraj
... Petitioner
Vs
Pandidurai
... Respondent
Prayer: This Criminal Revision Petition filed under Section 397 r/w 401
Cr.P.C. to set aside the Judgment of conviction passed by the learned Additional
District and Sessions Judge, Sivagangai in Crl.A.No.121 of 2018, dated
30.11.2021, by confirming the order of conviction sentence passed by learned
Magistrate, Fast Track Court, Karaikudi in C.C.No.284 of 2017, dated
17.10.2018.
For Petitioner : Mr.A.Banumathy
For Respondent : Mr.A.Balaji
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Crl.R.C.(MD)No.123 of 2022
ORDER
This Criminal Revision Petition has been filed to set aside the
Judgment of conviction passed by the learned Additional District and Sessions
Judge, Sivagangai in Crl. A. No. 121 of 2018, dated 30.11.2021, by confirming
the order of conviction and sentence passed by learned Magistrate, Fast Track
Court, Karaikudi in C.C.No.284 of 2017, dated 17.10.2018.
2.The facts in brief is as follows:
The respondent has filed a private complaint against the
petitioner /accused that on 15.11.2015, the petitioner had borrowed a sum of
Rs.5,00,000/-, to meet out his routine expenses and in this regard, he executed a
pronote. After repeated demands, to discharge the above said loan amount, he
issued two cheques, dated 09.11.2017 and 10.11.2017 for a sum of Rs.2 lakhs
each, drawn on State Bank of India, Thirupathur. Those cheques were presented
for collection on 10.11.2017 by the respondent, but returned as 'insufficient
funds' on 14.11.2017. After completing the statutory formalities, he filed the
above said complaint. The trial Court had found that the respondent has proved
his case and the petitioner was sentenced to undergo one year Simple
Imprisonment and to pay a fine of Rs.4,25,000/- for the offence under Section
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Crl.R.C.(MD)No.123 of 2022
138 of NI Act. Out of the above said fine amount, Rs.4,24,000/- was ordered to
be paid as compensation to the complainant. Aggrieved over the above said
conviction and sentence, the petitioner has preferred an Appeal in Crl.A.No.121
of 2018 and that was heard by learned Additional District Judge, Sivagangai
and the same was dismissed, by confirming the conviction of Judgment and
sentence passed by the Court below. Challenging the same, this revision has
been preferred by the petitioner.
3.Pending revision, today, when the matter was taken up for
hearing, it is stated that the matter has been settled between the parties, as per
the mediation conducted in Crl.OP(MD)No.12029 of 2022.
4.The Crl.OP(MD)No.12029 of 2022 is filed by the respondent,
seeking direction to execute the warrant issued against the petitioner, by the trial
Court in pursuance of the conviction and sentence imposed in C.C.No.284 of
2017, dated 17.08.2018. During the pendency of above said petition, the matter
was referred to Mediation and the petitioner had agreed to pay a sum of Rs.
4,25,000/- to the respondent, as per the settlement entered in Crl.OP(MD)No.
12029 of 2022, which was also accepted by the respondent.
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Crl.R.C.(MD)No.123 of 2022
5.In view of the above settlement entered between both the parties,
this Criminal Revision Case is allowed and the conviction that was passed in
the trial Court, which was confirmed in Crl. A. No. 121 of 2018, dated
30.11.2021, by the learned Additional District and Sessions Judge, Sivagangai
are set aside. Fine amount, if any paid, shall be refunded to the revision
petitioner. The joint compromise memo shall form part and parcel of this order.
02.12.2022
Index :Yes/No
Internet:Yes/No
PNM
To
1. The District and Sessions Judge, Sivagangai
2. The Magistrate, Fast Track Court, Karaikudi
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Crl.R.C.(MD)No.123 of 2022
G.ILANGOVAN,J.
PNM
ORDER IN
Crl.R.C.(MD)No.123 of 2022
02.12.2022
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