Madras High Court
P.Kuppusamy vs S.Elango on 10 March, 2022
Crl.RC.No.1276 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.RC.No.1276 of 2017
P.Kuppusamy ... Petitioner
Vs.
S.Elango ... Respondent
Prayer: Criminal Revision Petition has been filed under Sections 397
and 401 of the Code of Criminal Procedure, to set aside the conviction
imposed in the judgment dated 28.07.2017 made in C.A.No.53 of 2017
on the file of the learned Second Additional District and Sessions Court,
Erode, confirming the judgment dated 02.02.2017 made in STC No.603
of 2013 on the file of the learned Judicial Magistrate, Fast Track Court
No.1, Erode by allowing this Criminal Revision Petition.
For Petitioner : Mr.N.Manokaran
For Respondent : Mr.M.Vignesh
for C.S.Saravanan
1/6
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Crl.RC.No.1276 of 2017
ORDER
The Criminal Revision Petition has been filed to set aside the
conviction imposed in the judgment dated 28.07.2017 made in
C.A.No.53 of 2017 on the file of the learned Second Additional District
and Sessions Court, Erode, confirming the judgment dated 02.02.2017
made in STC No.603 of 2013 on the file of the learned Judicial
Magistrate, Fast Track Court No.1, Erode.
2.The gist of the case is that on 29.07.2013, the petitioner
borrowed a sum of Rs.3,00,000/- from the respondent for his urgent
family expenses and promised to repay the same on 29.08.2013. To
discharge the liability, the petitioner issued a cheque dated 29.08.2013
bearing No.331092 for Rs.3,00,000/- drawn on ICICI Bank, Erode
Branch. When the respondent presented the said cheque for collection,
the same was returned on 29.08.2013 as “Funds Insufficient”. Therefore,
the respondent sent a legal notice to the petitioner on 25.09.2013. After
receiving the notice dated 27.09.2013, the petitioner failed to pay the
cheque amount. Hence, the respondent filed a private complaint before
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Crl.RC.No.1276 of 2017
the Judicial Magistrate, Fast Track Court No.I, Erode.
3.During trial, the respondent/complainant examined himself as
PW1 and Ex.P1 to Ex.P5 were marked and on the side of the
petitioner/accused, DW1 to DW3 were examined and Ex.D1 was marked.
After completion of trial, the petitioner was convicted by judgment, dated
02.02.2017, in S.T.C.No.603 of 2013, by the learned Judicial Magistrate,
Fast Track Court No.1, Erode, for offence under Section 138 of the
Negotiable Instruments Act and sentenced him to undergo six months
Simple Imprisonment and to pay a cheque amount of Rs.3,00,000/- to the
respondent as compensation under Section 357(3) Cr.P.C, in default, to
undergo one month simple imprisonment. Aggrieved against the same,
the petitioner preferred an appeal in C.A.No.53 of 2017 before the
Principal Sessions Judge, Erode and the learned Sessions Judge, Erode,
by Judgment dated 28.07.2017 dismissed the appeal confirming the
conviction and sentence of the trial Court, against which, the present
criminal revision petition.
4.During pendency of the present revision, the parties have arrived
under the settlement. Today, the petitioner, respondent and their
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Crl.RC.No.1276 of 2017
respective counsel were present before this Court and stated that the
issues have been amicably resolved between the parties. The petitioner
and the respondent have taken a decision to dissolve their issues and in
respect of the same, they filed joint compromise memo dated 29.11.2021.
The respondent/complainant submitted that he has no objection to set
aside the judgement of the Courts below against the petitioner/accused
and the respondent/complainant received the borrowed amount of
Rs.3,00,000/- from the petitioner/accused by way of cash on 11.11.2021
under due receipt. This Court also enquired both the petitioner and the
respondent in respect of the same.
5.In view of the above, no useful purpose will be served by keeping
the revision pending. It will be in the interest of both the parties not to
keep these proceedings pending, since it will affect their future life. As
per Section 147 of the Negotiable Instruments Act, 1881, every offence
punishable under this Act shall be compoundable.
6.In the result, the judgment dated 28.07.2017 made in C.A.No.53
of 2017 on the file of the learned Second Additional District and the
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Crl.RC.No.1276 of 2017
judgment dated 02.02.2017 made in STC No.603 of 2013 on the file of
the learned Judicial Magistrate, Fast Track Court No.1, Erode, are set
aside and the revision is, accordingly, allowed. The petitioner is acquitted
of all the charges levelled against him. Consequently, the connected
Criminal Miscellaneous Petitions are closed.
Index : Yes / No 10.03.2022
Internet : Yes/No
sms
To
1.The learned Second Additional District
and Sessions Court, Erode.
2.The learned Judicial Magistrate,
Fast Track Court No.1, Erode.
3.The Public Prosecutor,
High Court, Madras.
M.NIRMAL KUMAR, J.
sms
https://www.mhc.tn.gov.in/judis
Crl.RC.No.1276 of 2017
Crl.RC.No.1276 of 2017
10.03.2022
https://www.mhc.tn.gov.in/judis
