N.Ellammal vs P.Sivasubramanian
2022 Latest Caselaw 5944 Mad

Citation : 2022 Latest Caselaw 5944 Mad
Judgement Date : 23 March, 2022

Madras High Court

N.Ellammal vs P.Sivasubramanian on 23 March, 2022

                                                                             CRL.R.C(MD).No.958 of 2021


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                       DATED: 23.03.2022

                                                           CORAM:

                                  THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                               CRL.R.C(MD).No.958 of 2021

                     N.Ellammal                                                      ... Petitioner

                                                              Vs


                     P.Sivasubramanian                                               ... Respondent

                     Prayer: Criminal Revision Case filed under Sections 397 and 401 of the
                     Code of Criminal Procedure, to call for the records in C.A.No.126 of 2019
                     dated 09.11.2021 by the II Additional District and Sessions Judge,
                     Tiruchirappalli, by confirming the judgment in S.T.C.No.608 of 2018 on the
                     file of the Judicial Magistrate, Manapparai and duly set aside the judgment
                     of the Courts below by acquitting the revision petitioner.



                                      For Petitioner      : Mr.R.Narayanan

                                      For Respondent      : Mr.K.Manoharan




                     1/5

https://www.mhc.tn.gov.in/judis
                                                                               CRL.R.C(MD).No.958 of 2021


                                                          ORDER

This Criminal Revision Case has been filed as against the judgment

passed in C.A.No.126 of 2019 dated 09.11.2021 by the II Additional

District and Sessions Judge, Tiruchirappalli confirming the judgment passed

in S.T.C.No.608 of 2018 by the Judicial Magistrate, Manapparai.

2. The petitioner is an accused in the complaint lodged by the

respondent for the offence under Section 138 of Negotiable Instrument Act.

The trial Court convicted the petitioner and sentenced him to undergo

simple imprisonment for nine months with compensation of Rs.4,00,000/-

and in default of payment of the compensation, the petitioner shall undergo

a further period of two weeks. Aggrieved by the same, the petitioner has

preferred an appeal in C.A.No.126 of 2019, however the same was

dismissed and the Appellate Court confirmed the conviction and sentence

imposed by the trial Court. Thereafter, the petitioner has filed this petition

before this Court.

https://www.mhc.tn.gov.in/judis CRL.R.C(MD).No.958 of 2021

3. While pending the Criminal Revision case, there was settlement

arrived between the parties and the entire amount has been paid to the

respondent. To that extent, the petitioner and the respondent filed a joint

memo which reads as under:-

It is submitted that Revision Petitioner has already deposited a sum of Rs.1,00,000/- before the Judicial Magistrate, Manapparai being 25% of the cheque amount a sum of Rs.4,00,000/-. Further, the Revision Petitioner paid a sum of Rs.3,00,000/- through demand draft dated 19.03.2022 and DD No.407373 drawn on the Tiruchirappalli District Central Co.Op. Bank Limited, Vaiyampatti Branch to the Respondent today. The entire cheque amount was paid to the Respondent. So, the above said cheque matter was compromised between the Revision Petitioner and the Respondent. The revision petitioner counsel will endorsed no objection to the Complainant counsel before the trial Court for withdrawing of a sum of Rs.1,00,000/-. In this regard, this memo is filed before this Hon'ble Court.

https://www.mhc.tn.gov.in/judis CRL.R.C(MD).No.958 of 2021

4. Both the petitioner and the respondent are before this Court. The

respondent states that the entire amount has been received and he has no

objection to compound the offence.

5. In view of the aforesaid facts, the judgment passed by the II

Additional District Sessions Judge, Tiruchirappalli in C.A.No.126 of 2019

on 09.11.2021 confirming the judgment passed in S.T.C.No.608 of 2018 on

12.07.2019 by the Judicial Magistrate, Manapparai is quashed. The

petitioner is hereby acquitted from the offence punishable under Section

138 of Negotiable Instrument Act.

6. Accordingly, the Criminal Revision Case is allowed.

23.03.2022