G.Kodeeswaran vs R.Vijayalakshmi
2023 Latest Caselaw 4241 Mad

                                                                                  Crl.R.C.No.539 of 2020




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED :13.04.2023

                                                           CORAM

                             THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

                                       Criminal Revision Case No.539 of 2020
                                                        and
                                             Crl.M.P.No.4281 of 2020

                    G.Kodeeswaran                                         .. Petitioner

                                                           /versus/

                    R.Vijayalakshmi                                       .. Respondent


                    Prayer:         Criminal Revision Case has been filed under Section 397 r/w
                    Section 401 of Cr.P.C., to set aside the judgment of the Hon'ble Principal
                    Session Judge, Namakkal (1st appellate Court) made in C.A.No.35 of
                    2019, dated 02.01.2020 confirming the judgment of the Hon'ble Judicial
                    Magistrate (FTC), Tiruchengode made in S.T.C.No.100 of 2017, dated
                    10.08.2019 consequent to allow this Criminal Revision Petition.

                                          For Petitioner       :Mr.R.Malaichamy

                                          For Respondent        :Mr.T.S.Arthanareeswaran
                                                            -----




https://www.mhc.tn.gov.in/judis
                    1/5
                                                                                Crl.R.C.No.539 of 2020




                                                        ORDER

This Criminal Revision Case is filed against the concurrent finding

of the Courts below holding the revision petitioner guilty of the offence

under Section 138 of the Negotiable Instruments Act, 1881 for issuing a

cheque of Rs.3,00,000/- to the complainant, but he had not arranged with

his bank for honouring the cheque with sufficient fund.

2. The learned counsel appearing for the revision petitioner

submitted that after filing the revision petition, the complainant has

entered into an agreement on 19.03.2020 to settle the dispute and

compound the offence by receiving a sum of Rs.2,10,000/- from the

revision petitioner. Accordingly, on 19.03.2020, the accused paid

Rs.1,00,000/- and the same was reported to this Court.

3. When the matter came up for hearing on 17.08.2020, this Court

granted time to the revision petitioner till 24.08.2020 to pay an initial sum

of Rs.25,000/- to show his bona fide and adjourned the matter.

https://www.mhc.tn.gov.in/judis

Crl.R.C.No.539 of 2020

4. When the matter came up for hearing on 25.08.2020, the

payment of Rs.25,000/- vide Demand Draft bearing No.907772, dated

20.08.2020 drawn on Lakshmi Vilas Bank, was given to the complainant

and the same was acknowledged by the complainant. This Court granted

two weeks time for further payment of Rs.25,000/-. Subsequently, two

instalments of Rs.25,000/- was paid and the same was recorded on

29.09.2020. Time was granted to pay the balance of Rs.35,000/- towards

full and final settlement. Meanwhile, the matter was referred to the

Mediation and Conciliation Centre, High Court, Madras by an order dated

08.08.2022 and before the Mediation, the parties have appeared and

reported the settlement outside the Court and filed a memo of compromise.

The complainant has complied with the order of this Court and given a

receipt dated 19.10.2020 acknowledging that the total sum of

Rs.2,10,000/- was paid in instalments and recorded full and final

settlement towards the cheque amount. The joint memo of compromise for

compounding the offence was taken note by the Mediators.

5. This Court, on perusing the records, satisfies that the statement

https://www.mhc.tn.gov.in/judis

Crl.R.C.No.539 of 2020

made by the learned counsel appearing for the petitioner across the bar is

borne by the records. Hence, this criminal revision case is disposed of as

offence is compounded. Consequently, connected Miscellaneous Petition is

closed.

13.04.2023 Index:yes/no ari

To:

1.The Principal Session Judge, Namakkal.

2.The Judicial Magistrate (FTC), Tiruchengode.

Dr.G.JAYACHANDRAN, J.

https://www.mhc.tn.gov.in/judis

Crl.R.C.No.539 of 2020

ari

Crl.R.C.No.539 of 2020 and Crl.M.P.No.4281 of 2020

13.04.2023

https://www.mhc.tn.gov.in/judis