Sabari System vs Jcs Computer
2022 Latest Caselaw 10377 Mad

                                                                                 Crl.R.C.No.283 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 16.06.2022

                                                       CORAM :

                     THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                               Crl.R.C.No.283 of 2022



           1. Sabari System
           2. K.Anandakumar                                                ... Appellants

                                                        Versus
           JCS Computer,
           Represented by its proprietor Murugan                            ... Respondent



           Prayer : Criminal Revision Petition filed u/s. 397 read with 401 of Cr.P.C to call
            for the records relating to the impugned judgment dated 20.11.2019 made in
            C.A.No.67 of 2019 on the file of the Hon'ble Additional District Sessions Judge,
            Erode convicted the petitioner to undergo one year Simple Imprisonment and to pay
            a fine of Rs.5,000/- and in default to undergo 3 month simple imprisonment for the
            offences punishable under section 138 of Negotiable Instrument Act confirming the
            judgment dated 30.01.2019 in S.T.C.No.280 of 017 on the file of the learned
            Judicial Magistrate, Fast Track Court No.II, Erode and to set aside the same as
            illegal and consequently acquit the petitioner from the charges.

                                      For Appellants   : Mr.A.Mohan
                                      For Respondent   : Mr.G.Aravindhan
                                                         *****

https://www.mhc.tn.gov.in/judis
            1/4
                                                                                     Crl.R.C.No.283 of 2022



                                                   JUDGMENT

This Criminal Revision petition is filed by the petitioner, aggrieved by the

conviction for the offence under section 138 of Negotiable Instrument Act.

2. When the matter came up for hearing, both side counsels were present

and had stated that a Joint Compromise Memo has also been filed, wherein, it is

averred that the accused has paid the disputed amount to the complainant and the

same has been accepted by the complainant in full quit and further the complainant

is willing to drop the entire criminal proceeding.

3.In that view of the matter, this Criminal Revision petition is allowed on the

following terms:-

(i) The conviction and sentence imposed on the petitioners by the judgement

dated 30.01.2019 made in S.T.C.No.280 of 2017 by the learned Judicial Magistrate

Fast Track Court No.II), Erode and confirmed by Additional District Sessions Judge,

Erode in a judgment dated 20.11.2019 made in C.A.No.67 of 2019 are set aside.

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

Crl.R.C.No.283 of 2022

(ii) Accordingly this Criminal Revision petition is allowed and the

offence under section 138 of Negotiable Instruments Act is treated as compounded.

16.06.2022

Index : yes/no Speaking order/Non-speaking order sma

To

1. Additional District Sessions Judge, Erode.

2. learned Judicial Magistrate, Fast Track Court No.II, Erode

3. The Public Prosecutor, Madras High Court.

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

Crl.R.C.No.283 of 2022

D.BHARATHA CHAKRAVARTHY, J.

sma

Crl.R.C.No.283 of 2022

16.06.2022

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