Madras High Court
K.S.Sakthivel vs Kulandaivel on 8 March, 2022
Crl.RC.No.1699 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.RC.No.1699 of 2016
K.S.Sakthivel ... Petitioner
Vs.
Kulandaivel ... Respondent
Prayer: Criminal Revision Petition filed under Sections 397 and 401 of
the Code of Criminal Procedure, to set aside the conviction imposed in
the judgment order dated 03.12.2016 made in C.A.No.89 of 2016 on the
file of the I Additional District & Sessions Judge, Erode, confirming the
conviction imposed in judgment dated 04.04.2016 made in STC.No.673
of 2010 on the file of the District Munsif-cum-Judicial Magistrate
Kodumai, sentencing the accused to undergo Simple Imprisonment for a
period of six months and also awarded compensation of Rs.1,30,000/-
under Section 357 (3) of Cr.P.C., and in default of payment of
compensation to undergo Simple Imprisonment for a period of three
months by allowing this Criminal Revision Petition.
1/7
https://www.mhc.tn.gov.in/judis
Crl.RC.No.1699 of 2016
For Petitioner : Mr.R.Thirumoorthy
For Respondent : Mr.D.Prasanna
for Ms.G.Thamilarasi
for M/s.Giridhar & Son
ORDER
This petition has been filed to set aside the conviction
imposed in the judgment dated 03.12.2016 in C.A.No.89 of 2016 bye the
I Additional District & Sessions Judge, Erode, confirming the conviction
imposed in the judgment dated 04.04.2016 in STC.No.673 of 2010 on the
file of the District Munsif-cum-Judicial Magistrate Kodumai and
sentencing the accused to undergo Simple Imprisonment for a period of
six months and also awarded compensation of Rs.1,30,000/- under
Section 357 (3) of Cr.P.C., and in default of payment of compensation to
undergo Simple Imprisonment for a period of three months, by allowing
this Criminal Revision Petition.
2. The petitioner/accused was prosecuted under Section 138
of the Negotiable Instrument Act by the respondent/complainant in
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Crl.RC.No.1699 of 2016
STC.No.673 of 2010 and he was convicted by the District Munsif-Cum-
Judicial Magistrate, Kodumudi on 04.04.2016 and sentenced him to
undergo Rigorous Imprisonment for a period of 6 months and to pay a
fine amount of Rs.1,30,000/- as compensation within a period of three
months. Aggrieved against the same, petitioner filed an appeal before the
I Additional District and Sessions Judge, Erode, in C.A.No.89 of 2016.
The Sessions Judge, by judgment dated 03.12.2016 dismissed the appeal
confirming the conviction and sentence passed by the trial Court, against
which, he had filed the present Revision.
3. When the matter came up for hearing on 22.01.2020, this
Court directed the petitioner to deposit a sum of Rs.1,00,000/- to the
credit of STC.No.673 of 2010 before the District Munsif-cum-Judicial
Magistrate, Kodumudi and in compliance of the said order, the petitioner
had deposited the said amount on 10.02.2020 and a copy of the receipt
No.092479 also produced before this Court.
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Crl.RC.No.1699 of 2016
4. The learned counsel for the petitioner submitted that the
cheque was issued towards security for the purpose of maize valued
Rs.30,000/- and the respondent inserted numeral '1' before the the said
amount and insisting for payment of Rs.1,30,000/-. Now, the petitioner
ignored the same not contesting and ready to settle the cheque amount to
give quietus to the case pending against him and the respondent is also
willing to accept the same. The sum of Rs.1,00,000/- already deposited
before the trial Court in STC.No.673 of 2010 demand draft bearing
D.D.No.211652 dated 07.03.2022 drawn on Canara Bank, Ambattur
Branch, for the balance amount of Rs.30,000/- is handed over to the
counsel.
5. The learned counsel for the respondent admit about
receipt of Rs.30,000/-, which is handed over to the
respondent/complainant. Though the respondent/complainant initially
accepted the compromise for a sum of Rs.1,30,000/-, considering the fact
that the case has been pending for a very long time from the year 2016,
he sought interest to be paid to him.
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Crl.RC.No.1699 of 2016
6. In reply, the learned counsel for the petitioner submitted
that he already with great difficulty mobilized the amount of
Rs.1,30,000/-.
7. The learned counsel for the respondent later agreed for
the compromise amount of Rs.1,30,000/- and requested that the
respondent/complainant may be permitted to withdraw Rs.1,00,000/-
lying in the credit of STC.No.673 of 2010. The learned counsel for the
petitioner submitted that he has no objection for respondent receiving
Rs.1,00,000/-, deposited in the trial Court. He further submitted that the
said amount may handed over to the respondent dispensing notice to the
petitioner.
8. On a perusal of the materials, it is seen that amicable
settlement and compromise arrived between the petitioner and the
respondent for a sum of Rs.1,30,000/-, the respondent already received a
sum of Rs.30,000/- by way of Demand Draft and now he is permitted to
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Crl.RC.No.1699 of 2016
withdraw Rs.1,00,000/-, which is lying to the credit of STC.No.673 of
2010. In view of the same, the District Munsif-cum-Judicial Magistrate,
Kodumudi shall hand over Rs.1,00,000/- to the respondent/complainant
on filing of appropriate petition and the notice to the petitioner/accused
is dispensed with.
9. With the above directions, this Criminal Revision Petition
is disposed of. Further, the conviction and sentence imposed on the
accused by the trial Court confirmed by the Lower Appellate Court are
set aside. In the result, the petitioner is acquitted of all charges.
08.03.2022
Index : Yes / No
Internet : Yes/No
dna
To
1.I Additional District & Sessions Judge, Erode.
2.The District Munsif-cum-Judicial Magistrate
Kodumai.
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Crl.RC.No.1699 of 2016
M.NIRMAL KUMAR, J.
dna
Crl.R.C.No.1699 of 2016
08.03.2022
https://www.mhc.tn.gov.in/judis
