Madras High Court
M/S.Essaarkay Forex Pvt.Ltd vs M/S.Weizmann Forex Ltd on 27 April, 2023
Crl.RC No.1343 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 27.04.2023
CORAM:
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
Crl.RC No.1343 of 2022
& Crl.MP.Nos.14562, 14563 and 15010 of 2022
1. M/s.Essaarkay Forex Pvt.Ltd.,
Rep by its Director Mr.M.Sekar,
G4. Nelson Plaza, New No.90,
Old No.149, Nelson Manickam Road,
Choolaimedu, Chennai 600 094.
2. M.Sekar
3. K.Ramesh Babu ... Petitioners
Vs.
M/s.Weizmann Forex Ltd.,
Represented by its Senior Manager
Mr.B.Suresh Kumar,
No.39/45, Monieth Road,
Egmore, Chennai 600 008 ... Respondents
Prayer: Criminal Revision Petition filed under Section 397 r/w 401
Cr.P.C. to set aside the judgment passed in C.A.No.541 of 2018 dated
20.12.2019 by the XV Additional Sessions Court, Chennai confirming
the judgment passed in C.C.No.7246 of 2014 dated 17.09.2018 made
by the learned Metropolitan Magistrate (Fast Track -2) Egmore at
Allikulam.
Page 1 of 6
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Crl.RC No.1343 of 2022
For Petitioners : Mr.J.Nandagopal
For Respondents :M/s.M.Rajam
ORDER
This Criminal Revision Case has been filed against the judgment
dated 20.12.2019 in Crl.A.No.541 of 2018, on the file of the XV
Additional Session Court, Chennai, confirming the judgment dated
17.09.2018 made in C.C.No.7246 of 2014 on the file of the learned
Metropolitan Magistrate (Fast Track Court-2), Egmore at Alikulam.
2. The Petitioners, who are A1, A2 and A4 in C.C.No.7246 of
2014, had purchased foreign currencies from the complainant on
07.10.2013 and 08.10.2013 and in order to discharge the liability, they
had issued cheques in favour of the complainant. When the said
cheques were presented for encashment, the same were returned with
an endorsement 'Funds Insufficient. Therefore, the complainant issued
a legal notice on 11.02.2014 calling upon them to pay the cheque
amount, inspite of the same, since the petitioners neither issued any
reply nor repaid the cheque amount within 15 days from the date of
receipt of notice, the complainant filed a complaint against them for
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Crl.RC No.1343 of 2022
commission of offence under section 138 of Negotiable Instruments
Act. The case was taken on file in C.C.No.7246 of 2014 before the
learned Metropolitan Magistrate (FTC-2), Egmore, Allikulam,
Chennai. After trial, the learned Magistrate convicted and sentenced
the petitioners to undergo Simple Imprisonment for a period one year
and to pay the cheque amount of Rs.79,00,000/- as compensation to the
complainant. Aggrieved by the conviction and sentence imposed by the
trial court, the petitioner filed an appeal in Crl.A.No.541 of 2018 on
the file of the XV Additional Sessions Court, Chennai, The lower
appellate Court dismissed the appeal, confirming the conviction and
sentence imposed by the trial court. Aggrieved over the same, the
petitioners/accused A1, A2 and A4 have filed the present criminal
revision case.
3. When the matter is taken up for hearing, the learned counsel
appearing for the petitioners as well as the learned counsel for the
respondent submitted that the petitioners/A1, A2 and A4 and the
respondent/complainant have settled their disputes amicably among
themselves and compounded the offence. Today, both the parties are
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Crl.RC No.1343 of 2022
present before this Court. The petitioners have deposited 15%, i.e
Rs.5,92,500/- of the cheque amount to the Legal Services Authority as
per the direction of this Court on 28.09.2022 and to that effect, they
have also filed receipt. The parties have also entered into a joint
compromise memo on 15.09.2022. Thus, he prayed to allow this
criminal revision case by recording the joint compromise memo
entered between both the parties.
4.Heard both sides and perused the materials available on record.
5.It is seen that now both the parties viz.,
respondent/complainant and petitioners/accused A1, A2 and A4 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
15.09.2022, duly signed by the petitioner/accused,
respondent/complainant and their respective counsel.
6. In view of the submission made by the learned counsel for
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Crl.RC No.1343 of 2022
either side, the following order is passed.
1. the Joint Compromise Memo, dated 15.09.2022 is recorded;
2. the Criminal Revision Case is allowed;
3. the judgment of conviction and sentence imposed on the petitioners
by the trial court and subsequently confirmed by the lower appellate
court is set aside. Consequently, Crl.M.Ps are closed.
27.04.2023
Index:Yes/No
Internet:Yes/No
srn
To
1. The XV Additional Sessions Court, Chennai
2. The learned Metropolitan Magistrate (Fast Track -2)
Egmore at Allikulam.
3. The Public Prosecutor, High Court, Madras.
V.SIVAGNANAM, J.
https://www.mhc.tn.gov.in/judis
Crl.RC No.1343 of 2022
srn
Crl.RC No.1343 of 2022
and
Crl.MP.Nos.14562, 14563 and 15010 of 2022
27.04.2023
https://www.mhc.tn.gov.in/judis
