V.Raja vs V.Mani
2022 Latest Caselaw 15019 Mad

Citation : 2022 Latest Caselaw 15019 Mad
Judgement Date : 8 September, 2022

Madras High Court

V.Raja vs V.Mani on 8 September, 2022

                                                                               Crl.RC.No.41 of 2018

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 08.09.2022

                                                    CORAM:

                                  THE HONOURABLE MR.JUSTICE SUNDER MOHAN

                                              Crl.R.C.No.41 of 2018




                    V.Raja                                            ...Petitioner

                                                       Vs

                    V.Mani
                                                                      ...Respondent


                    Prayer:- Criminal Revision petition has been filed, under Section 397 r/w

                    401 of Cr.P.C, to call for the records set aside the judgement of the

                    Appellate Court made in C.A.No.81 of 2016 dated 30.11.2016 on the file

                    of the learned XIX Additional Sessions Judge, Chennai in dismissing the

                    appeal and confirming the conviction and sentence passed by the learned

                    Metropolitan Magistrate, Fast Track Court No.I, Allikulam, Chennai-600

                    003 by judgement dated 08.03.2016 in C.C.No.1556 of 2012, convicting

                    him for the alleged offence under Section 138 of Negotiable Instruments

                    Act and sentencing him to undergo six months simple imprisonment as per
                    1/7
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                                                                                  Crl.RC.No.41 of 2018

                    Section 255(2) Cr.P.C and further directing the petitioner herein to pay the

                    cheque amount of Rs.1,00,000/- (Rupees one lakh only) to the respondent

                    herein as compensation under section 357(3) Cr.P.C within two months

                    from the date of judgement dated 08.03.2016 in default to pay the said

                    compensation amount to undergo 2 months Simple Imprisonment.

                                           For Petitioner      : Mr.M.Khader Basha

                                           For Respondent      : Mr.A.M.Rahamath Ali




                                                        ORDER

This Criminal Revision Case has been preferred against the

Judgement of the learned XIX Sessions Judge, Chennai passed in

C.A.No.81 of 2016 dated 30.11.2016, confirming the conviction dated

08.03.2016 imposed in judgment made in C.C.No.1556 of 2012 on the file

of the learned Metropolitan Magistrate, Fast Track Court No.I, Allikulam,

Chennai.

2.The petitioner was convicted for the offence under Section 138 of

NI Act and was sentenced to undergo simple Imprisonment for a period of

six months and directed to pay compensation of Rs.1,00,000/- to the

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complainant within two months from the date of judgement in default to

undergo 2 months S.I.

3. The learned counsel on either side submitted that the parties have

arrived at a compromise and have filed a Joint Memo of compromise dated

nil, filed before this Court on 18.01.2021 signed by the petitioner,

respondent and the learned counsels for the petitioner and the respondent.

The relevant paragraphs in the said Joint Memo is extracted hereunder:

''1.That the petitioner/Accused has paid to the Respondent/complainant a sum of Rs.80,000/- (Rupees Eighty Thousand only) by way of cash on 12.01.2021 towards full and final settlement, before the learned Metropolitan Magistrate, FTC No.Allikulam, Chennai- 600 003, the receipt of which sum of Rs.80,000/- doth hereby admits and acknowledged by the Respondent/complainant and release the petitioner/accused from further payment thereof.

2.That the Respondent/Complainant convenants by virtue of executing this Joint Memo that he has no further claims in future against petitioner/Accused.

3.That the Respondent/Complainant agrees that the

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sentence imposed by learned Metropolitan Magistrate, FTC No.1 Allikulam, Chennai-03, vide judgement dated 8.3.2016 passed in C.C.No.1556 of 2012 against the petitioner/Accused, be set aside.

4.That the Respondent/Complainant has agreed and consented the petitioner/accused entitling him to receive and claim the sum of Rs.50,000/-(Rupees Fifty thousand only) deposited by him on the eve of suspension of sentence passed by the Hon'ble High Court, Madras in Crl.M.P.No.261/2018 in Crl.R.C.No.41 of 2018 in C.C.No.1556 of 2012.

5.That the Respondent/Complainant agree to move this JOINT MEMO before this Hon'ble Court in Crl.R.C.No.41 of 2018, and pray for granting permission to compromise the dispute and diffferences now exists between them and humbly pray that this Hon'ble Court may be pleased to set aside the sentence imposed on petitioner/Accused and ordered refund the amount deposited by him in the Court of Learned Metropolitan Magistrate, FTC No.1 Allikulam, Chennai-03 in Crl.M.P.No.261/2018 in Crl.R.C.No.41/2018 in C.C.No.1556/2012, and thus render justice.''

4.In view of the compromise arrived at between the parties, the

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offence under Section 138 of N.I Act stands compounded. The judgement

of the learned XIX Additional Sessions Judge, Chennai passed in

C.A.No. 81 of 2016 dated 30.11.2016, confirming the conviction dated

08.03.2016 imposed in the judgment made in C.C.No.1556 of 2012 on the

file of the learned Metropolitan Magistrate, Fast Track Court No.I,

Allikulam, Chennai, is set aside.

5.The petitioner is at liberty to file appropriate petition before the

learned Metropolitan Magistrate, Fast Track Court No.I, Allikulam,

Chennai, for return of the deposit amount of Rs.50,000/-(Rupees Fifty

thousand only). The learned Magistrate is directed to return the sum of