Madras High Court
S.Rabiya vs K.Narendran on 29 November, 2022
Crl.R.C.No.1471 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:29.11.2022
CORAM:
THE HON'BLE Mr. JUSTICE P.VELMURUGAN
Crl.R.C.No.1471 of 2022
and
Crl.M.P.Nos.16649 & 17058 of 2022
S.Rabiya ... Petitioner
Vs.
K.Narendran ... Respondent
Prayer:Criminal Revision Case filed under Sections 397 and 401 of
Cr.P.C., to set aside the judgment passed by the learned I Additional
District and Sessions Judge, Coimbatore in C.A.No.6 of 2019 dated
03.08.2020 in which the order of conviction and sentence viz., six months
simple imprisonment and a compensation of Rs.1,00,000/- along with an
interest of 6% per annum and in default to undergo three months simple
imprisonment passed by the learned Judicial Magistrate, Fast Track Court
No.II at (Magisterial Level) of Coimbatore in C.C.No.291 of 2014 dated
01.12.2018 is partly confirmed.
For Petitioner : Mr.K.Thilageswaran
For Respondent : Mr.P.Belman
1/6
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1471 of 2022
ORDER
This Criminal Revision Case is preferred against the judgment dated
03.08.2020 passed in C.A.No.6 of 2019 on the file of the learned I
Additional District and Sessions Judge, Coimbatore, partly confirmed the
order dated 01.12.2018 passed in C.C.No.291 of 2014 on the file of the
Judicial Magistrate, Fast Track Court No.II at (Magisterial Level)
Coimbatore.
2. Criminal Miscellaneous Petition No.17058 of 2022 has been filed
to compound the offence under Section 147 of the Negotiable Instruments
Act in Crl.R.C.No.1471 of 2022.
3. Criminal Miscellaneous Petition No.16649 of 2022 has been filed
to suspend the execution of sentence passed by the learned I Additional
District and Sessions Judge, Coimbatore in C.A.No.6 of 2019 dated
03.08.2020 and the learned Judicial Magistrate, Fast Track Court No.II at
(Magisterial level) Coimbatore in C.C.No.291 of 2014 dated 01.12.2018
and to enlarge the petitioner on bail pending disposal of the above Criminal
Revision Case.
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1471 of 2022
4. Both the learned counsel for the petitioner as well as the
respondent informed that during the pendency of the revision case, both the
parties have amicably settled the matter and the petitioner has filed a
petition in Crl.M.P.No.17058 of 2022 under Section 147 of the Negotiable
Instruments Act, informing that the matter has been compromised between
her and the respondent/complainant and this Court may set aside the
judgment dated 03.08.2020 passed in C.A.No.6 of 2019 on the file of the
learned I Additional District and Sessions Judge, Coimbatore, which partly
confirmed the order dated 01.12.2018 passed in C.C.No.291 of 2014 on the
file of the Judicial Magistrate, Fast Track Court No.II at (Magisterial Level)
Coimbatore.
5. As per the guidelines given by the Hon'ble Supreme Court
reported in (2010) 5 SCC 663 (Damodar S. Prabhu Vs. Sayed Babalal H.),
to compound the offence accused has to deposit 15% of the cheque amount.
This Court vide order dated 11.11.2022 directed the petitioner to deposit
15% of the cheque amount as per the guidelines of the Hon'ble Supreme
Court. The learned counsel for the petitioner has filed a memo stating that
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1471 of 2022
he deposited 15% of the cheque amount before the Legal Services
Authority, Coimbatore and the said memo is recorded.
6. Taking into consideration the affidavit filed by the
petitioner/accused and the petition to compound the offence moved by her
and also the fact the petitioner deposited 15% of the cheque amount before
the Legal Services Authority, Coimbatore, this Court records compounding
of offence under Section 138 of the Negotiable Instrument Act. This
Criminal Revision Case shall stand allowed and the offence under Section
138 of Negotiable Instruments Act tried in C.C.No.291 of 2014, on the file
of the learned Judicial Magistrate, Fast Track Court No.II at (Magisterial
Level) of Coimbatore, shall stand compounded. Consequently connected
miscellaneous petitions are allowed.
29.11.2022
mfa
Index:yes/No
Internet:yes/No
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1471 of 2022
To
1. The I Additional District and Sessions Judge,
Coimbatore.
2. The Judicial Magistrate,
Fast Track Court No.II at (Magisterial Level),
Coimbatore.
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1471 of 2022
P.VELMURUGAN, J.
mfa
Crl.R.C.No.1471 of 2022
and
Crl.M.P.Nos.16649 & 17058 of 2022
29.11.2022
https://www.mhc.tn.gov.in/judis
