V.K.Narasimhan vs R.Govindarajan
2022 Latest Caselaw 4672 Mad

                                                                     CRL.R.C.Nos. 1233 & 1235 of 2018


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 09.03.2022

                                                     CORAM:

                                  THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                         CRL.R.C.Nos. 1233 & 1235 of 2018
                                                       and
                                         Crl.M.P.Nos.14674 & 14700 of 2018

                     V.K.Narasimhan
                                                               ... Petitioner in both petitions

                                                     Versus

                     R.Govindarajan
                                                              ...Respondent in both petitions

                     COMMON PRAYER: Criminal Original Petitions filed under Section
                     482 of the Code of Criminal Procedure, to set aside the judgment and
                     order of the Appellate Court viz. The Learned III Additional Sessions
                     Judge at Chennai dated 04.09.2018 and the Trial Court judgement and
                     order viz the Learned Fast Track Metropolitan Magistrate No.IV, George
                     Town, Chennai, dated 21.02.2017 convicting the petitioner in
                     C.C.No.4443/1997 on 21st February 2017 for an offence u/s. 138 of the
                     Negotiable Instruments Act and sentencing the appellant to suffer a
                     sentence of Ten months simple imprisonment and to pay a compensation
                     of Rs.3,00,000/- & Rs.8,96,000/- respectively payable within period of

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https://www.mhc.tn.gov.in/judis
                                                                           CRL.R.C.Nos. 1233 & 1235 of 2018


                     one month and in default of payment of the compensation to undergo a
                     further period of Two months simple imprisonment as default sentence,
                     acquit the appellants.
                                        For Petitioner    : Mr.S.Santhoshkumar
                                                            (In both petitions)
                                        For Respondent    : M/s.Jayanthi
                                                            For Vijay Associates
                                                            (In both petitions)


                                                   COMMON O R D E R
                                  The learned counsel for the petitioner submits that the demanded

                     amount is Rs.8,00,000/- which has to be paid and given credit to both the

                     cases in C.C.Nos.4442 & 4443 of 1997 and it has to be paid in three

                     instalments. The only change is that the first cheque bearing No.000292,

                     (date of deposit 5th September 2019) for a sum of Rs.80,200/- would not

                     be processed, due to some correction in cheque. Hence, the amount of

                     Rs.80,200/- had been transferred by way of NEFT. The other two

                     cheques bearing Nos.000294 & 000293 have been credited and cleared

                     from the account of the petitioner and deposited to the account of the

                     respondent on 07.10.2019.



                                  2. The learned counsel for the petitioner and the respondent

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                                                                         CRL.R.C.Nos. 1233 & 1235 of 2018


                     confirmed that the cheque amount has been paid. The dispute has been

                     resolved in view of the compromise memo earlier filed.



                                  3. Recording the same, these Criminal Original Petitions stand

                     allowed and the conviction is set aside. The petitioner is acquitted from

                     all the charges. Consequently, connected miscellaneous petitions are

                     closed.


                                                                                          09.03.2022
                     Index: Yes/No
                     Internet: Yes/No
                     kmm

                      To

                     The Additional Public Prosecutor,
                     High Court, Madras.




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https://www.mhc.tn.gov.in/judis
                                                 CRL.R.C.Nos. 1233 & 1235 of 2018


                                               M.NIRMAL KUMAR, J.

kmm

CRL.R.C.Nos. 1233 & 1235 of 2018 and Crl.M.P.No.14674 & 14700 of 2018

09.03.2022

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