Madras High Court
Sabapathi vs Madhavarajan on 18 April, 2023
Crl.R.C.No.1638 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.04.2023
CORAM
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
CRL.R.C.NO.1638 OF 2022
Sabapathi ... Petitioner
Vs.
Madhavarajan ... Respondent
PRAYER: Criminal Revision Case filed under Section 397 r/w 401 Cr.P.C.,
to set aside the conviction and sentence made in Criminal Appeal No.12 of
2016 dated 27.09.2022 on the file of the Principal Sessions Judge,
Dharmapuri, in confirming the judgment made in S.T.C.No.39 of 2015 dated
21.09.2016 on the file of the Judicial Magistrate, Fast Track Court,
Dharmapuri.
For Petitioner : Mr.V.Sakkarapani
For Respondent : Mr.C.Munusamy
1/8
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1638 of 2022
ORDER
This Criminal Revision Case is filed by the petitioner seeking to
set aside the conviction and sentence passed in Criminal Appeal No.12 of
2016 dated 27.09.2022 by the learned Principal Sessions Judge, Dharmapuri,
confirming the judgment passed in S.T.C.No.39 of 2015 dated 21.09.2016 by
the learned Judicial Magistrate, Fast Track Court, Dharmapuri.
2.The case of the respondent / complainant is that the
petitioner/accused borrowed a sum of Rs.6,00,000/- from the complainant to
repay his loans and to start a business and agreed to repay the said loan
amount and issued a post dated cheque dated 05.03.2015 in favour of the
complainant for Rs.6,00,000/- drawn on State Bank of India, Dharmapuri
Branch. The complainant presented the cheque on 05.03.2015 through his
banker State Bank of India, Dharmapuri for encashment, but it was returned
with an endorsement “insufficient funds” on the same day. Therefore, the
complainant issued a legal notice dated 09.03.2015 to the accused and the
said notice was received by the accused on 10.03.2015. However, the
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1638 of 2022
petitioner / accused failed to make payment and he has not given any reply to
the legal notice issued by the complainant. Therefore, the complainant has
filed a private complaint under Section 138 of the Negotiable Instruments
Act before the learned Judicial Magistrate FTC Court, Dharmapuri and the
same was taken on file as STC. No.39/2015. The learned Trial Judge, after
analysing the oral and documentary evidence, has convicted the petitioner
under Section 138 of the Negotiable Instruments Act and sentenced him to
undergo simple imprisonment for one year and to pay compensation of
Rs.6,00,000/-, in default, to undergo simple imprisonment for further two
months.
3.Aggrieved over the judgment of conviction and sentence, the
petitioner has preferred an appeal in Criminal Appeal No.12/2016 and the
Appellant Court has also confirmed the judgment of the Trial Court and
dismissed the appeal preferred by the petitioner on 27.09.2022. Challenging
the same, the petitioner is before this Court.
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1638 of 2022
4.When the matter is taken up for hearing, the learned counsel
appearing for the petitioner as well as the learned counsel for the respondent
submitted that the accused/petitioner and the respondent/complainant have
settled their disputes amicably among themselves and also filed a Joint
Compromise Memo dated 05.04.2022. It is stated that out of the total cheque
amount of Rs.6,00,000/-, the petitioner has already deposited a sum of
Rs.3,00,000/- (Rupees Three Lakhs Only) by way of Demand Draft bearing
No.001894, dated 17.12.2016 drawn on Dharmapuri District Central
Co-operative Bank Ltd., before the Trial Court, in STC No.39 of 2015 on
09.01.2017. Further, the petitioner has paid the remaining amount of
Rs.3,00,000/- by way of demand draft bearing No.094074 dated 31.03.2023
drawn on Tamil Nadu Grama Bank, A.Pallipatti Branch and handed over the
same to the respondent on 01.04.2023 and the respondent has also
acknowledged the receipt of the same. Therefore, the parties have seek to
accept the Joint Compromise Memo dated 05.04.2022 and to permit the
respondent to withdraw the sum of Rs.3,00,000/- deposited by the petitioner
before the Trial Court with interest accrued thereon.
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1638 of 2022
5.Heard the submissions made on either side and perused the
materials available on record.
6.On perusal of the records, the facts reveals that parties have
settled their disputes out of Court and compromised with each other and to
that effect, they have also filed a Joint Compromise Memo dated 05.04.2022
duly signed by the petitioner/accused and the respondent / complainant along
with their respective counsels. Further considering the submission made by
the learned counsel for the petitioner and the respondent and the matter has
been compromised between the parties out of Court and the accused also paid
the cheque amount to the complainant and the offence being a compoundable
offence, the Joint Compromise Memo dated 05.04.2022 is accepted and the
case is compounded.
7.In view of the Joint Memo of Compromise dated 05.04.2022
duly signed by both parties and their respective counsel and the submissions
made by both counsel, the following order is passed;
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1638 of 2022
(i)the Criminal Revision Case shall stand
allowed.
(ii)the offence under Section 138 of the
Negotiable Instruments Act shall stand compounded.
(iii)The petitioner shall stand acquitted in the
case. Bail Bond, if any, executed by the petitioner,
shall stand cancelled.
(iv)The Joint Memo of Compromise dated
05.04.2022 filed by the parties shall form part of
records.
(v)The respondent is permitted to withdraw the
amount of Rs.3,00,000/- deposited by the petitioner
before the Trial Court in STC No.39 of 2015 on
09.01.2017, with interest accrued thereon, if any, by
filing a Memo without issuing any notice to the
petitioner / accused.
18.04.2023
Internet : Yes/no
TK
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1638 of 2022
To
1.The Principal Sessions Judge
Dharmapuri.
2.The Judicial Magistrate
Fast Track Court
Dharmapuri.
3.The Public Prosecutor
High Court of Madras
Chennai.
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1638 of 2022
V.SIVAGNANAM, J.
TK
CRL.R.C.NO.1638 OF 2022
18.04.2023
https://www.mhc.tn.gov.in/judis
