P.Muthaiah vs L.Arumugam
2022 Latest Caselaw 18067 Mad

                                                                                 Crl.R.C.(MD).No.18 of 2020


                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED: 07.12.2022

                                                         CORAM

                                  THE HONOURABLE MR. JUSTICE G.ILANGOVAN

                                              Crl.R.C.(MD).No.18 of 2020

                     P.Muthaiah                                   ... Petitioner/Respondent/Accused

                                                            Vs.

                     L.Arumugam                              ...Respondent/Appellant/Complainant


                     PRAYER: This Civil Revision Case is filed under Sections 397 r/w 401 of

                     the Criminal Procedure Code, to call for the records pertaining to the

                     Judgment passed by the learned Additional District and Sessions Judge,

                     Palani in C.A.No.85 of 2018 dated 11.12.2019 reversing the Judgment

                     passed by the learned Judicial Magistrate No.II cum Fast Track Court

                     (Magistrate level), Madurai in S.T.C.No.125 of 2016 dated 13.04.2018 and

                     set aside the same.



                                    For Petitioner      : Mr. Karuppasamy Pandiyan.G

                                    For Respondent      : Mr. Vinoth Kumar.B




                     1/4
https://www.mhc.tn.gov.in/judis
                                                                                  Crl.R.C.(MD).No.18 of 2020


                                                            ORDER

This Criminal Revision Case has been filed to call for the records

pertaining to the Judgment passed by the learned Additional District and

Sessions Judge, Palani in C.A.No.85 of 2018 dated 11.12.2019 reversing the

Judgment passed by the learned Judicial Magistrate No.II cum Fast Track

Court (Magistrate level), Madurai in S.T.C.No.125 of 2016 dated

13.04.2018 and set aside the same.

2.The offence is under Section 138 of Negotiable Instrument Act. The

defacto complainant filed a complaint stating that he and the revision

petitioner are friends. He borrowed a sum of Rs.1,30,000/- in November

2010 for meeting out his family expenses. Towards discharge of the above

said amount, he issued a cheque on 01.01.2011, that was presented for

payment on 04.01.2011, the same was returned as insufficient fund on

28.01.2011 and he sent a notice on 04.02.2022 demanding payment of the

amount which was received by the respondent by 07.01.2022 but no reply

was given. He filed the above said complaint under Section 138 of

Negotiable Instrument Act before the trial Court. The trial Court has

acquitted the accused, against which, the appeal has been preferred by the

complainant before the Additional District Judge, Madurai in Crl.A.No.85

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.18 of 2020

of 2018, in which, the judgment of acquittal was reversed and the appellate

Court found guilty as agaisnt the accused under Section 138 of Negotiable

Instrument Act. Accordingly, he was convicted and sentenced to undergo

one year Simple Imprisonment and Rs.1,30,000/- as compensation, against

which, this revision has been preferred. Pending revision, compromise has

been entered between the parties before the Mediation Centre.

3. Since there is a settlement between the parties before the Mediation

Centre, this Revision Case preferred by the accused is allowed and the

judgment of conviction and sentence passed by the learned Additional

District and Sessions Judge, Palani in C.A.No.85 of 2018 dated 11.12.2019

is set aside.

4. The respondent is permitted to withdraw the amount of Rs.50,000/-

which was deposited by the petitioner before the trial Court, for which, the

Revision Petitioner has no objection. The Mediation Report shall form part

of the order.

07.12.2022 Index : Yes / No Internet : Yes / No indu

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.18 of 2020

G.ILANGOVAN,J.

indu

To

The Government Advocate (Crl.Side), Madurai Bench of Madras High Court, Madurai.

Crl.R.C.(MD).No.18 of 2020

07.12.2022

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