Senthil Kumar … vs M.Rajendran …
2022 Latest Caselaw 13541 Mad

Citation : 2022 Latest Caselaw 13541 Mad
Judgement Date : 29 July, 2022

Madras High Court

Senthil Kumar … vs M.Rajendran … on 29 July, 2022

                                                                                Crl.RC.No.875 of 2017




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATE :      29.07.2022


                                                       CORAM

                                  THE HONOURABLE MR.JUSTICE SUNDER MOHAN


                                        Criminal Revision Case No.875 of 2017
                                            and Crl.M.P.No.9655 of 2022

                    Senthil Kumar                               …Petitioner

                                                         Vs


                    M.Rajendran                                 …Respondent


                    PRAYER : Criminal Revision petition filed under Sections 397 and 401
                    Criminal Procedure Code, to call for the records and set aside the judgment
                    in Criminal Appeal No.243 of 2015 dated 09.02.2017 on the file of the IV
                    Additional District & Sessions Judge, Coimbatore in confirming the
                    judgment made in C.C.No.181 of 2013 dated 03.11.2015 on the file of the
                    Fast Track Court No.II (Magistrate level), Coimbatore and acquit the
                    petitioner from all the charges.



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https://www.mhc.tn.gov.in/judis
                                                                                 Crl.RC.No.875 of 2017

                                           For Petitioner : Mr.Antony
                                                            For Mr.C.Deepak Kumar
                                           For Respondent : Mr.Gunasekaran
                                                            For I.Abrar Mohammad Abdullah
                                                      ORDER

This Criminal Revision Case has been preferred against the

Judgement of the IV Additional District & Sessions Judge, Coimbatore

passed in Criminal Apeal No.243 of 2015 dated 09.02.2017, confirming

the judgement dated 03.11.2015 imposed in judgment made in C.C.No.181

of 2013 on the file of the Fast Track Court No.II (Magistrate level),

Coimbatore.

2.It is the case of the respondent that the petitioner had issued a

cheque for a sum of Rs.3,00,000/-(Rupees Three Lakhs only) and when the

said cheque was presented for collection, it was dishonoured for the reason

''Insufficient funds''. The learned Judicial Magistrate Fast Track Court

No.II, Coimbatore, convicted the petitioner, for the offence under Section

138 of NI Act and sentenced to undergo Simple Imprisonment for a period

of one year and also imposed a fine of Rs.5,000/-(Rupees Five thousand

only) and in default to suffer two months Simple Imprisonment. The

Appellate Court dismissed the appeal filed by the petitioner. 2/ 6

https://www.mhc.tn.gov.in/judis Crl.RC.No.875 of 2017

3.Challenging the concurrent findings, the petitioner has preferred

the Criminal Revision.

4.When the matter was taken up for hearing, the counsels on either

side submitted that the parties had arrived at a compromise through a

mediation before the Mediation and Conciliation Centre. They filed a

Settlement Agreement signed by the petitioner and the respondent and their

respective counsels. The relevant portions of the Settlement Agreement

dated 23.07.2022 reads as follows:

''6.The following settlement has been arrived at between the parties hereto:

Both the parties agreed to settle the issue by full and final settlement of Rs.3,00,000/- on 29.07.2022. The Revision petitioner had paid advance of Rs.1,00,000/- by cash and agreed to pay the remaining amount of Rs.2,00,000/- on receipt of Sale Deed No.7103 of 2008 dated 14.07.2008 marked as Ex-P7 before the Fast Track Court-2(Magistrate Level, Coimbatore) on 29.07.2022.''

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https://www.mhc.tn.gov.in/judis Crl.RC.No.875 of 2017

3.Both the petitioner and the respondent were present before this

Court today. The respondent stated that he handed over the sale deed

No.7103 of 2008 dated 14.07.2008, to the petitioner and he has received a

sum of Rs.2,00,000/- in full and final settlement and confirmed the

execution of the Settlement Deed. In view of the compromise entered into

between the parties, the offence under Section 138 Negotiable Instrument

Act, stands compounded. Therefore, the judgment of the learned IV

Additional District & Sessions Judge, Coimbatore, passed in Criminal

Appeal No.243 of 2015 dated 09.02.2017 confirming the judgement dated

03.11.2015 made in C.C.No.181 of 2013 on the file of the Learned Fast