S.Murugan vs P.Velmurugan ...1St
2023 Latest Caselaw 11169 Mad

Citation : 2023 Latest Caselaw 11169 Mad
Judgement Date : 24 August, 2023

Madras High Court

S.Murugan vs P.Velmurugan ...1St on 24 August, 2023

                                                                       Crl.R.C.(MD).No.934 of 2023

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               Dated : 24.08.2023

                                                     CORAM

                            THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN

                                         Crl.RC(MD)No.934 of 2023
                                                   and
                                    Crl.MP(MD)Nos.12235 & 12236 of 2023

                S.Murugan                             ... Petitioner/Appellant/Accused
                                               Vs.
                1.P.Velmurugan                       ...1st Respondent/1st Respondent/
                                                                 Complainant
                2.The State Represented by,
                  The Additional Public Prosecutor,
                  Nagercoil.                        ... 2nd Respondent/2nd Respondent/
                                                                 Respondent

                PRAYER: Criminal Revision Petition has been filed under Section 397 r/w
                401(1) of Cr.P.C., to call for the records pertaining to the order passed in
                C.A.No.1 of 2017 on the file of learned Additional District Sessions Court (Fast
                Track), Nagercoil, dated 04.07.2023 confirming the order passed in S.T.C.No.48
                of 2014 on the file of the Fast Track Court (Magisterial Level) No.I, Nagercoil,
                dated 09.12.2016 and set aside the same.
                                   For Petitioners   : M/s.S.C.Herold Singh

                                   For R1            : Mr.L.Sahaya Varuvel Raja,

                                   For R2            : Mr.M.Muthumanikkam,
                                                       Government Advocate(Crl.Side)


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https://www.mhc.tn.gov.in/judis
                                                                         Crl.R.C.(MD).No.934 of 2023

                                                     ORDER

This Criminal Revision Case has been filed to set aside the Judgment of

the Appellate Court passed by the learned Additional District Sessions Court

(Fast Track), Nagercoil, in Crl.A.No.1 of 2017, dated 04.07.2023 confirming the

Judgment in S.T.C.No.48 of 2014 dated 09.12.2016 on the file of the Fast Track

Court (Magisterial Level) No.I, Nagercoil.

2. The petitioner borrowed a sum of Rs.3,50,000/- from the first

respondent on 08.02.2013. To discharge the said debt, he issued a cheque on

25.11.2013 drawn on Indian Overseas Bank, Meenakshipuram. The first

respondent presented the cheque before his Banker on 25.11.2013 and the same

was returned on 26.11.2013 with an endorsement of “Funds Insufficient”.

Therefore, the first respondent issued a legal notice on 05.12.2013. Even though,

the petitioner received the same on 06.12.2013, he has not come forward to settle

the debt amount. But, sent a reply with false allegations. In such circumstances,

the first respondent filed a complaint under Section 138 Cr.P.C., before the Fast

Track Court (Magisterial Level) No.I, Nagercoil. The learned Magistrate taken

the complaint on file in S.T.C.No.48 of 2014.

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.934 of 2023

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

contested the case. The learned Trial Judge after following the procedure,

examined P.W.1 and perused the documents Ex.P.1 to Ex.P.6 and passed the

conviction under Section 138 of Negotiable Instruments Act to undergo 6

months Simple Imprisonment and to pay a compensation of Rs.3,50,000/- in

default, to undergo 1 month Simple Imprisonment by the Judgment dated

09.12.2016.

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

Crl.A.No.1 of 2017 on the file of the learned Additional District Sessions Court

(Fast Track), Nagercoil. The learned Appellate Judge also confirmed the same by

the order dated 04.07.2023. Hence, the petitioner preferred this revision before

this Court.

5. Today (24.08.2023), when the matter is taken up for hearing, both

counsel on record would submit that they have already filed joint compromise

memo with the following terms and conditions:-

“4.It is submitted that due to the intervention of elders and friends, an amicable settlement has been arrived between the petitioners/1st party and the Complainant/2nd party and in

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.934 of 2023

accordance with the same, agreed for compromise and proposed to settle the issue amicably between both the parties with some conditions and settlements.

5.It it submitted that the alleged debt is to a tune of Rs.3,50,000/- and now the 1st party/Accused paid to a tune of Rs.3,50,000/- as a full settlement and the same was paid to the 2nd party/complainant on 29.07.2023 before the presence of both party Advocates.”

6.The contents of the above joint compromise memo are read over and

explained to both the parties and they would admit the same. The joint

compromise memo filed by both the parties is recorded.

7.In view of the compromise entered between the parties, the offence

under Section 138 of Negotiable Instruments Act stands compounded under

Section 147 of the Negotiable Instruments Act.

8. Accordingly, the conviction and sentence imposed by the Fast Track

Court (Magisterial Level) No.I, Nagercoil, in S.T.C.No.48 of 2014 dated

09.12.2016 confirming the learned Additional District Sessions Court (Fast

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.934 of 2023

Track), Nagercoil, in Crl.A.No.1 of 2017, dated 04.07.2023, is hereby set aside

and the Criminal Revision Case is allowed. The accused is acquitted from the