S.Maragatham ... Revision vs K.Banumathi
2023 Latest Caselaw 11509 Mad

                                                                       Crl.R.C.(MD).No.1249 of 2022

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               Dated : 30.08.2023

                                                     CORAM

                            THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN

                                         Crl.RC(MD)No.1249 of 2022
                                                   and
                                         Crl.MP(MD)No.15709 of 2022

                S.Maragatham                          ... Revision Petitioner/Appellant/
                                                                   Accused
                                               Vs.


                K.Banumathi                            ... 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 to set aside the judgment dated 10.11.2022
                made in Crl.A.No.79 of 2019 on the file of the learned Additional District Judge,
                Sivagangai, confirming the judgment dated 30.09.2019 made in C.C.No.37 of
                2017 on the file of the learned Judicial Magistrate (FTC), Karaikudi and to allow
                this petition.


                                   For Petitioners   : Mr.V.Thirumal
                                   For Respondent    : Mr.C.Jeyaprakash




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https://www.mhc.tn.gov.in/judis
                                                                        Crl.R.C.(MD).No.1249 of 2022

                                                      ORDER

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

the Appellate Court passed by the Additional District Judge, Sivagangai, in

Crl.A.No.79 of 2019, dated 10.11.2022 confirming the Judgment in C.C.No.37

of 2017 dated 30.09.2019 on the file of the learned Judicial Magistrate (FTC),

Karaikudi.

2. The petitioner borrowed a sum of Rs.10,00,000/- from the respondent

and her husband on 27.05.2015. To discharge the said debt, she issued two

cheques, dated 15.10.2016 drawn on the bank of Karur Vysya Bank, Karaikudi

Branch. The respondent presented the cheque before her Bank on 12.01.2017

and the same was returned on 13.01.2017 with an endorsement of “Contact

Drawer”. So, the respondent issued the legal notice on 09.02.2017. Even though

the petitioner received the same on 14.02.2017, she has not sent any reply and

has not made any payment. In such circumstances, the respondent filed a

complaint under Section 138 Cr.P.C., before the learned Judicial Magistrate

(FTC), Karaikudi.. The learned Judicial Magistrate taken the complaint on file in

C.C.No.37 of 2017.

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.1249 of 2022

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 to P.W.3 and perused the documents Ex.P.1 to Ex.P.20 and

passed the conviction under Section 138 of Negotiable Instruments Act to

undergo 15 months Simple Imprisonment and to pay a fine amount of

Rs.10,01,000/- in default, to undergo 3 months Simple Imprisonment by the

Judgment dated 30.09.2019. Further, ordered to pay a sum of Rs.10,00,000/- to

the respondent as compensation from the said fine amount.

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

C.A.No.79 of 2019 on the file of the learned Additional District Judge,

Sivagangai. The learned Appellate Judge also confirmed the same. Hence, the

petitioner preferred this revision before this Court.

5. Today (30.08.2023), when the matter is taken up for hearing, both

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

memo, which is extracted here under:-

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.1249 of 2022

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.

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.1249 of 2022

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 learned

Judicial Magistrate (FTC), Karaikudi, in C.C.No.37 of 2017 dated 30.09.2019

and confirmed by the learned Additional District Judge, Sivagangai in Crl.A.No.

79 of 2019, dated 10.11.2022, is hereby set aside and the Criminal Revision Case

is allowed. The accused is acquitted from the charges levelled against her. Bail

bond if any, executed by the accused shall stand discharged. The connected

miscellaneous petition is closed.

30.08.2023

NCC : Yes/No Index : Yes/No Internet: Yes/No dss

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.1249 of 2022

K.K.RAMAKRISHNAN, J.

dss

To

1.The Judicial Magistrate (FTC), Karaikudi.

2.The Additional District Judge, Sivagangai.

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

Crl.RC(MD)No.1249 of 2022 and Crl.MP(MD)No.15709 of 2022

30.08.2023

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