Madras High Court
A.Palanisamy vs R.Palanisamy on 29 March, 2022
Crl.R.C.No.1057 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.03.2022
CORAM
THE HONOURABLE MR.JUSTICE R.PONGIAPPAN
Crl.RC.No.1057 of 2019
and Crl.M.P.No.4282 of 2022
A.Palanisamy ... Petitioner/Accused
Vs.
R.Palanisamy ... Respondent/Complainant
PRAYER: Criminal Revision Case filed under Section 397 and 401 of
Cr.P.C. to set aside the judgment of conviction and sentence dated
23.07.2018 made in C.C.No.513 of 2017, on the file of the learned
Judicial Magistrate, FTC No.1, Coimbatore, as confirmed by the
judgment dated 25.06.2019 in C.A.No.340 of 2018 on the file of the
learned III Additional District and Sessions Judge, Coimbatore.
For Petitioner : Mr.J.Kingsly Solomon
For Respondent : Mr.T.Jeyanthi Maniselvam
ORDER
This Criminal Revision Case has been filed against the judgment
of conviction and sentence dated 23.07.2018 made in C.C.No.513 of
2017, on the file of the learned Judicial Magistrate, FTC No.1,
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Crl.R.C.No.1057 of 2019
Coimbatore, as confirmed by the judgment dated 25.06.2019 in
C.A.No.340 of 2018 on the file of the learned III Additional District and
Sessions Judge, Coimbatore.
2. The revision petitioner herein is the sole accused in
C.C.No.513 of 2017. The respondent/complainant herein filed the above
referred case as against the revision petitioner alleging that the petitioner
herein has committed offence under Section 138 of Negotiable
Instruments Act (herein after referred to as “the NI Act”). Both the trial
Court and the first appellate Court concurrently held that the petitioner
herein is found guilty for the offence under Section 138 of NI Act,
convicted and sentenced to undergo simple imprisonment for six months
and to pay compensation of Rs.5,00,000/- to the complainant under
Section 357(3) of Cr.P.C., within two months failing which the accused
shall undergo default sentence of 2 months simple imprisonment.
Challenging the same, the petitioner/ accused is before this Court.
3. Today, when this Criminal Revision Case came up for hearing,
Mr.Jayanthi Maniselvam, learned counsel takes notice for the
respondent. Further, the revision petitioner/accused and the
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Crl.R.C.No.1057 of 2019
respondent/complainant, were also present before this Court. Both of
them have filed a petition in Crl.M.P.No.4282 of 2022 under Section 147
of NI Act, wherein they prayed to compound the offence. Further, along
with the said application, they have filed a copy of the Memorandum of
Understanding dated 21.11.2019, through which the dispute having by
the petitioner and the respondent, is amicably settled out of Court.
4. It is the further submission of the learned counsel on either side
that as per the direction of the first appellate Court, i.e. III Additional
District and Sessions Judge, Coimbatore, the petitioner herein deposited
a sum of Rs.50,000/- to the credit of C.C.No.513 of 2017 on the file of
the learned Judicial Magistrate, FTC No.1, Coimbatore, and the same has
to be returned to the revision petitioner.
5. In view of the above, as the present offence committed by the
revision petitioner/accused under Section 138 of NI Act, is
compoundable under Section 147 of the Act, the contents of the
Memorandum of Understanding dated 21.11.2019, was read out to both
parties and the same has been agreed by either side as found correct.
Accordingly, this Criminal Miscellaneous Petition in Crl.M.P.No.4282 of
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Crl.R.C.No.1057 of 2019
2022, is allowed and the offence committed by the petitioner/accused
under Section 138 of NI Act, is compounded.
6. Ultimately, in view of the order now passed in Crl.M.P.No.4282
of 2022, this Court is inclined to pass the following orders :-
(i) The judgment of conviction and sentence passed
by the Courts below are set aside and the accused is
acquitted of the charge under Section 138 of the NI Act.
(ii) The Memorandum of Understanding dated
21.11.2019 shall form part and parcel of this Order.
(iii) The petitioner/accused is permitted to withdraw
the deposit amount of Rs.50,000/- along with interest, if
any, lying before the trial Court on filing necessary
application and on production of proper proof.
7. With the above directions, this Criminal Revision Petition
stands closed.
29.03.2022
Speaking/Non-speaking order
Index: Yes / No
ars
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Crl.R.C.No.1057 of 2019
To
1. The III Additional District and Sessions Judge,
Coimbatore.
2. The Judicial Magistrate,
FTC No.1, Coimbatore.
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Crl.R.C.No.1057 of 2019
R.PONGIAPPAN, J.
ars
Crl.RC.No.1057 of 2019
29.03.2022
https://www.mhc.tn.gov.in/judis
