Rajesh vs Sathish Kumar
2023 Latest Caselaw 10549 Mad

                                                                       Crl.R.C.(MD).No.904 of 2023

                        BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               Dated : 16.08.2023

                                                     CORAM

                            THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN

                                         Crl.R.C(MD)No.904 of 2023
                                                   and
                                        Crl.M.P(MD)No.11913 of 2023


                Rajesh                                      ... Petitioner/Appellant/Accused

                                               Vs.


                Sathish Kumar                          ... Respondent/Respondent/Complainant


                PRAYER: Criminal Revision Petition has been filed under Section 397 r/w 401

                of Cr.P.C., to call for the records relating to the judgment made in Crl.A.No.168

                of 2018 dated 24.05.2019 by the learned Additional Sessions Judge, Karur, by

                confirming the conviction and sentence passed by the learned Judicial Magistrate

                No.II, Kulithalai in S.T.C.No.671 of 2014 dated 27.11.2018 and set aside the

                same.

                                   For Petitioner    : Mr.R.Mathiyalagan

                                   For Respondent    : Mr.R.Murugan


                1/6
https://www.mhc.tn.gov.in/judis
                                                                         Crl.R.C.(MD).No.904 of 2023

                                                     ORDER

This Criminal Revision Case has been filed against the Judgment dated

24.05.2019 passed by the learned Additional Sessions Judge, Karur, in Crl.A.No.

168 of 2018 confirming the judgement dated 27.11.2018 passed by the learned

Judicial Magistrate No.II, Kulithalai in S.T.C.No.671 of 2014.

2. The petitioner borrowed a sum of Rs.2,00,000/- from the respondent on

01.07.2013. To discharge the said debt, he issued a cheque, dated 22.01.2014

drawn on the Canara bank, Kulithalai Branch. The respondent presented the

cheque before his Bank and the same was returned on 28.01.2014 with an

endorsement of “Insufficient Funds”. So, the respondent issued the legal notice

on 12.02.2014. The petitioner received the notice on 17.02.2014 and he did not

make any payment. In such circumstances, the respondent filed a complaint

under Section 138 of the Negotiable Instruments Act, before the learned Judicial

Magistrate No.II, Kulithalai. The learned Judicial Magistrate taken the

complaint on file in S.T.C.No.671 of 2014.

3. Thereafter, on receipt of the summons, the petitioner appeared before

the trial Court and contested the case. The learned Trial Judge after following the

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.904 of 2023

procedure, examined PW.1 & PW.2, D.W.1 and court witness-CW.1 and perused

the documents Ex.A1 to Ex.A7 and passed the conviction under Section 138 of

Negotiable Instruments Act, and sentenced him to undergo six months Simple

Imprisonment and also directed to pay compensation of Rs.2,00,000/- (Rupees

two lakhs only) vide Judgment dated 27.11.2018.

4. Aggrieved over the same, the petitioner filed the Criminal Appeal in

Crl.A.No.168 of 2018 on the file of the learned Additional Sessions Judge,

Karur. The learned Sessions Judge also confirmed the same by order dated

24.05.2019. Hence, the petitioner preferred this revision before this Court.

5. Heard the learned counsel appearing on either side.

6. Today, when the matter is taken up for hearing, both counsel on record

submitted that the matter is now compromised. They further submitted that the

petitioner was arrested on 13.07.2023 and now he is in jail. Hence, they are

unable to file compromise memo before this Court.

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.904 of 2023

7. The respondent/defacto complainant appeared before this Court today

and submitted that he received the cheque amount of Rs.2,00,000/- (Rupees two

lakhs only).

8. Considering the fact that the petitioner is confined in jail and hence, the

learned counsels are unable to file the compromise memo before this Court, this

Court recorded the affirmation statement of the respondent with regard to the

receipt of the cheque amount. Further, it is not in dispute that the respondent

received the cheque amount of Rs.2,00,000/-(Rupees two lakhs only).

9. In view of the same, the offence under Section 138 of Negotiable

Instruments Act stands compounded under Section 147 of the Negotiable

Instruments Act. Consequently, the Criminal Revision Case is allowed and the

judgments of the trial Court and the lower Appellate Court are set aside and the

accused is acquitted from the charges levelled against him. Consequently,

connected miscellaneous petition is closed.

16.08.2023 NCC : Yes/No Index : Yes/No Internet: Yes/No PJL Note: Issue order copy on 16.08.2023

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.904 of 2023

To

1. Additional District Judge, Karur.

2.The Judicial Magistrate No.II, Kulithalai.

3. The Section Officer, Criminal Records, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.904 of 2023

K.K.RAMAKRISHNAN, J.

PJL

Crl.RC(MD)No.904 of 2023

16.08.2023

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