M.Kumar vs M.Ramesh
2022 Latest Caselaw 6506 Mad

Citation : 2022 Latest Caselaw 6506 Mad
Judgement Date : 30 March, 2022

Madras High Court

M.Kumar vs M.Ramesh on 30 March, 2022

                                                                                        Crl.R.C.No.818 of 2019
                                                                                   and Crl.M.P.No.3854 of 2022




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 30.03.2022

                                                          CORAM:

                                  THE HONOURABLE MR.JUSTICE R.PONGIAPPAN

                                                 Crl.R.C.No.818 of 2019
                                               and Crl.M.P.No.3854 of 2022

                     M.Kumar                                  ...              Petitioner /
                                                                               Accused

                                                              versus

                     M.Ramesh                                 ...              Respondent /
                                                                               Complainant


                     PRAYER: Criminal Revision Petition has been filed under Section 397 r/w
                     401 of the Code of Criminal Procedure, praying to set aside the judgment
                     dated 30.11.2018 passed in Crl.A.No.28 of 2018 on the file of the learned
                     III Additional Sessions Judge, Salem, confirming the judgment dated
                     13.02.2018 passed in S.T.C.No.734 of 2014 on the file of the learned
                     Judicial Magistrate No.I, Sankari and allow the above petition.


                                     For Petitioner           : Mr.R.Ezhilarasan

                                     For Respondent           : Mr.B.Singaravelu




                     1/6


https://www.mhc.tn.gov.in/judis
                                                                                     Crl.R.C.No.818 of 2019
                                                                                and Crl.M.P.No.3854 of 2022




                                                      ORDER

This Criminal Revision Case has been filed against the

judgment dated 30.11.2018 passed in Crl.A.No.28 of 2018, on the file of the

learned III Additional Sessions Judge, Salem, confirming the judgment

dated 13.02.2018 passed in S.T.C.No.734 of 2014 on the file of the learned

Judicial Magistrate No.I, Sankari.

2. The revision petitioner herein is the sole accused in

S.T.C.No.734 of 2014. 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.4,00,000/- to the complainant under Section 357 of Cr.P.C. Challenging

the same, the petitioner/accused is before this Court.

https://www.mhc.tn.gov.in/judis Crl.R.C.No.818 of 2019 and Crl.M.P.No.3854 of 2022

3. Today, when this Criminal Revision Case came up for

hearing, both the revision petitioner/accused and the

respondent/complainant, were present before this Court along with Identity

Cards (Aadhar Cards). Both of them have filed a petition in

Crl.M.P.No.3854 of 2022 under Section 147 of NI Act, wherein they prayed

to compound the offence. Further, along with the said petition, they have

filed a copy of the Joint Memo of Compromise dated 21.03.2022, through

which the dispute having by the petitioner and the respondent, is amicably

settled out of Court.

4. 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 Joint Memo

of Compromise dated 21.03.2022, 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.3854 of 2022, is allowed and the

offence committed by the petitioner/accused under Section 138 of NI Act, is

compounded.

https://www.mhc.tn.gov.in/judis Crl.R.C.No.818 of 2019 and Crl.M.P.No.3854 of 2022

5. Ultimately, in view of the order now passed in

Crl.M.P.No.3854 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.