Madras High Court
V.Rajathi vs Mr.D.Kandeeban on 7 August, 2023
Crl.R.C.(MD).No.275 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 07.08.2023
CORAM
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
Crl.RC(MD)No.275 of 2022
V.Rajathi ... Petitioners/Appellant/Accused
Vs.
Mr.D.Kandeeban ... Respondent/Respondent
PRAYER: Criminal Revision Petition has been filed under Section 397 r/w 401
of Cr.P.C., to call for the records pertaining to the order in Crl.A.No.14 of 2021
before the learned Principal Sessions Judge, Theni District, dated 23.12.2021 in
S.T.C.No.43 of 2018 on the file of the learned Judicial Magistrate Judicial
Magistrte Fast Track Court, Theni, dated 21.12.2020 and set aside the same.
For Petitioner : M/s.Seeni Syed Amma
for M/s.Lajapathi Roy Associates
For Respondent : Mr.T.Wins
1/8
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Crl.R.C.(MD).No.275 of 2022
ORDER
This Criminal Revision Case has been filed to set aside the judgment of
the Appellate Court passed by the learned Principal Sessions Judge, Theni
District, in Crl.A.No.14 of 2021, dated 23.12.2021 confirming the Judgment in
in S.T.C.No.43 of 2018 dated 21.12.2020 on the file of the learned Judicial
Magistrate Judicial Magistrte Fast Track Court, Theni,
2. The petitioner borrowed a sum of Rs.4,00,000/- from the respondent on
04.02.2018. To discharge the said debt, she issued a cheque bearing No.565539,
on 16.03.2018 drawn on State Bank of India, Uthamapalayam Branch. The
respondent presented the said cheque before his Bank on 16.03.2018 and the
same was returned on 17.03.2018 with an endorsement of “Funds Insufficient”.
Therefore, the respondent issued the legal notice on 03.04.2018 and the same
was received by the petitioner on 04.04.2018. However, she has not sent reply
notice through her counsel and has not make any payment. In such
circumstances, the respondent filed a complaint under Section 138 Cr.P.C.,
before the learned Judicial Magistrate Fast Track Court, Theni. The learned
Judicial Magistrate, taken the complaint on file in S.T.C.No.43 of 2018.
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Crl.R.C.(MD).No.275 of 2022
3. Thereafter, on receipt of the summons, the petitioner appeared and
contested the case. The learned Trial Judge after following the procedure
conducted trial. He examined PW.1 and D.W.1 to D.W.3 and perused the
documents Ex.P1 to Ex.P5 and passed the conviction under Section 138 of
Negotiable Instruments Act to undergo 8 months Simple Imprisonment and
directed to pay a compensation of Rs.4,00,000/- with an interest at the rate of 9%
per annum by the Judgment dated 21.12.2020.
4. Aggrieved over the same, the petitioner filed the Criminal Appeal in
Crl.A.No.14 of 2021 on the file of the learned Principal Sessions Judge, Theni
District. The learned Appellate Judge also confirmed the same. Hence, the
petitioner preferred this revision before this Court.
5. Today (07.08.2023), when the matter is taken up for hearing, both
counsel on record would submit that they have already filed joint compromise
memo. The contents of the 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. The terms of joint compromise memo are as
follows:-
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Crl.R.C.(MD).No.275 of 2022
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Crl.R.C.(MD).No.275 of 2022
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Crl.R.C.(MD).No.275 of 2022
6. 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.
7.Accordingly, the conviction and sentence imposed by the Judicial
Magistrate Fast Track Court, Theni, in S.T.C.No.43 of 2018 dated 21.12.2020
and confirmed by the learned Principal Sessions Judge, Theni District, in
Crl.A.No.14 of 2021, dated 23.12.2021, 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.
07.08.2023
NCC : Yes/No
Index : Yes/No
Internet: Yes/No
dss
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Crl.R.C.(MD).No.275 of 2022
To
1.The Principal Sessions Judge,
Theni District.
2.The Judicial Magistrate Fast Track Court,
Theni.
3. The Section Officer,
Criminal Records,
Madurai Bench of Madras High Court,
Madurai.
K.K.RAMAKRISHNAN, J.
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Crl.R.C.(MD).No.275 of 2022
dss
Crl.RC(MD)No.275 of 2022
07.08.2023
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