Madras High Court
R.Balasubramaniam vs R.Vadivel on 24 April, 2023
Crl.RC.No.485 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.04.2023
CORAM
THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN
Crl.RC.No.485 of 2019
R.Balasubramaniam, M/52 years
S/o.Rangasamy,
No.32-D, Om Vinayagar Street,
Thaneer Pandal,
Peelamedu Post,
Coimbatore 641 004. ... Petitioner
Vs.
1.R.Vadivel,
S/o.Rakiappan,
No.D-29, Balan Nagar,
'D' Quarters, Peelamedu,
Coimbatore 641 004.
2.State,
Rep. by the Public Prosecutor,
Coimbatore. ... Respondents
Prayer: Petition filed under Section 397(1) r/w.401 of Criminal Procedure Code
against the judgment dated 23.11.2018 in C.A.No.259 of 2017 passed by the
learned V Additional District and Sessions Judge, Coimbatore, confirming the
Judgment dated 03.08.2017 in C.C.No.414 of 2015 passed by the learned
1/6
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Crl.RC.No.485 of 2019
Judicial Magistrate, Fast Track Court No.I, Coimbatore, convicting the
Petitioner for the offences under Section138 of the Negotiable Instruments Act
and sentenced to undergo six months simple imprisonment and to pay
compensation of Rs.3,00,000/- to the first Respondent within two months
failing which Petitioner shall undergo default sentence of two months simple
imprisonment.
For Petitioner : Mr.Ganesh Kumar
For Respondents : Mr.R.Vadivel - R1
Party in person
Mr.V.J.Priyadarsana
Government Advocate (Crl. Side)
ORDER
This Petition has been filed against the judgment dated 23.11.2018
passed in C.A.No.259 of 2017 by the learned V Additional District and
Sessions Judge, Coimbatore, confirming the Judgment dated 03.08.2017 in
C.C.No.414 of 2015 by the learned Judicial Magistrate, Fast Track Court No.I,
Coimbatore, convicting the Petitioner for the offences under Section138 of the
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Crl.RC.No.485 of 2019
Negotiable Instruments Act and sentenced to undergo six months simple
imprisonment and to pay compensation of Rs.3,00,000/- to the first Respondent
within two months, failing which Petitioner shall undergo default sentence of
two months simple imprisonment and set aside the same.
2.When the matter is taken up today, the private complainant viz.,
R.Vadivel/R1 and R.Balasubramaniam/Accused are present before this Court.
3.Learned counsel for the Petitioner filed a compounding petition signed
by both Accused and Complainant and their respective counsel in sr.No.20471
of 2023, for compounding the offences on the ground that now the
Accused/Revision Petitioner has handed over the Banker's cheque bearing
No.008228 to the tune of Rs.2,00,000/- to the complainant viz., R.Vadivel and
he had already deposited a sum of Rs.1,00,000/- before the trial Court as per the
direction of this Court dated 03.06.2019, while suspending the sentence and
prays for compounding the sentence.
4.In the light of the above, since the matter has been compromised
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Crl.RC.No.485 of 2019
between the parties, this Court is inclined to compound the offence and
accordingly, the judgement and order passed by both the Courts below
convicting and sentencing the petitioner for the offence under Section 138 of
the Negotiable Instrument Act is hereby set aside, since there is a compromise
between the parties.
5.This Criminal Revision case is allowed accordingly. A sum of
Rs.5,000/- shall be deposited by the Petitioner before the State Legal Services
Authority, High Court, within a period of two weeks from the date of receipt of
a copy of this order.
24.04.2023
Index : Yes/No
Neutral citation : Yes/No
Speaking Order/Non-Speaking Order
sai
To
1.The learned V Additional District and Sessions Judge,
Coimbatore.
2.The learned Judicial Magistrate,
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Crl.RC.No.485 of 2019
Fast Track Court No.I,
Coimbatore,
3.The Public Prosecutor,
High Court,
Chennai.
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Crl.RC.No.485 of 2019
RMT.TEEKAA RAMAN.J,
sai
Crl.RC.No.485 of 2019
Dated: 24.04.2023
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