Madras High Court
K.M.Mohammed Ubais vs M/S.Rashi Peripherals Pvt Ltd on 21 December, 2023
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.R.C.No.2156 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.12.2023
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.R.C.No.2156 of 2023 and
Crl.M.P.Nos.19532 & 20162 of 2023
K.M.Mohammed Ubais,
Prop. M/s.Mobile 1 & Mobile Track,
No.58-E, 8th Street, Crosscut Road,
Gandhipuram, Coimbatore -12. ... Petitioner
Vs.
1.M/s.Rashi Peripherals Pvt Ltd.,
Rep. by its authorized Rep. and Area,
sales Manager, Mr.John Cecil Christopher,
S/o.J.Cedric Irudhayanathan,
Door No.35, Bharathi Park, 8th Cross Street,
Saibaba Colony, Coimbatore-11.
2.State Represented by
Public Prosecutor,
Coimbatore. ... Respondents
PRAYER: Criminal Revision Petition filed under Sections 397 r/w. 401 of
Criminal Procedure Code, to set aside the judgment dated 3.12.2021 passed
in C.A.No.97/2019 by the III Additional District & Sessions Judge at
Coimbatore confirming the judgment dated 4.2.2019 passed in
C.C.No.102/2017 by the Judicial Magistrate, Fast Track Court No.II @
Magistrate Level, Coimbatore, allow this revision.
Page No.1 of 8
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.2156 of 2023
For Petitioner : Mr.C.D.Sugumar
For Respondents : Mr.B.Mohan-R1
Mr.A.Damodaran,
Additional Public Prosecutor-R2
ORDER
The petitioner was convicted by the learned Judicial Magistrate, Fast
Track Court at Magisterial Level-2, Coimbatore (trial Court) by judgment,
dated 04.02.2019 in C.C.No.102 of 2017 and sentenced to undergo Simple
Imprisonment for six months and to pay the cheque amount of Rs.1,16,234/-
with 6% of interest per annum from the date of cheque payable to the 1st
respondent within one month from the date of the judgment, in default to
undergo Simple Imprisonment for three months for offence under Section
138 of the Negotiable Instruments Act, 1881. Aggrieved over the same, an
appeal was preferred by the petitioner before the learned III Additional
District & Sessions Judge, Coimbatore (lower appellate Court) in Criminal
Appeal No.97 of 2019. The lower appellate Court, by judgment, dated
03.10.2021 dismissed the appeal confirming the judgment of the trial Court.
Challenging the same, the present Criminal Revision Case is filed.
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2.Gist of the case is that the 1st respondent/complainant is a
Distributor of Samsung cellphones and the petitioner/accused is a retail
seller. The petitioner purchased Samsung cellphones from the 1st respondent
on credit basis in the name of the above concerns. On 31.01.2016, the
amount due to the 1st respondent from the petitioner is Rs.1,03,734/- and on
04.08.2015, the amount due to the 1st respondent from the petitioner is
Rs.13,364/-. In discharge of the said liability, the petitioner issued a cheque
bearing No.193078, dated 28.03.2016 drawn on IDBI Bank,
Dr.Balasundaram Road, Coimbatore for a sum of Rs.1,03,734/- to the 1 st
respondent. When the cheque was presented for encashment on 28.04.2016
through his banker HDFC Bank, Metupalayam Road, Coimbatore, the same
was dishonoured on 29.04.2016 for the reason 'Funds Insufficient'. Again, a
cheque No.378487, dated 02.02.2016 drawn on IDBI Bank,
Dr.Balasundaram Road, Coimbatore for an amount of Rs.12,500/- was
issued by the petitioner and the same was also dishonoured. Thereafter, the
1st respondent issued statutory notices to the petitioner on 20.05.2016 and
the same were received on 23.05.2016. Despite receipt of the same, neither
made any reply nor paid the cheque amount. After following the statutory
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provisions, the 1st respondent filed a private complaint before the trial Court
in C.C.No.102 of 2017. During trial, on the side of the 1st
respondent/complainant, two witnesses examined as PW1 & PW2 and ten
documents marked as Exs.P1 to P10. On the side of the defence, two
witnesses examined as DW1 & DW2 and two documents marked as Exs.D1
& D2. On conclusion of trial, the trial Court convicted the petitioner as
stated above.
3.The learned counsel for the petitioner submitted that after two
concurrent findings of trial Court as well as lower appellate Court, the
petitioner paid the amount of Rs.1,16,234/- by way of cheque No.003528,
dated 29.12.2021 drawn on HDFC Bank, Coimbatore to the 1st
respondent/complainant, as a result, the parties settled their issues involved
in this case.
4.The learned counsel for the 1st respondent also confirmed the receipt
of the cheque amount by the 1st respondent and the 1st respondent agreed to
give quites to the dispute between them. To compound the offence, the 1 st
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respondent filed a petition under Section 147 of the Negotiable Instruments
Act, 1881 in Crl.M.P.No.20162 of 2023 in Crl.R.C.No.2156 of 2023 to
withdraw the complaint.
5.Today, the petitioner and the 1st respondent are present before this
Court. The 1st respondent/complainant admits the receipt of Rs.1,16,234/-
by way of cheque and he issued receipt to that effect. The scanned
reproduction of the same is as follows:
https://www.mhc.tn.gov.in/judis
6.The 1st respondent/complainant has filed a compounding petition
along with affidavit before this Court in Crl.M.P.No.20162 of 2023 in
Crl.R.C.No.2156 of 2023 invoking Section 147 of the Negotiable
Instruments Act, 1881 to compound the offence and the same is ordered.
Further, a joint compromise memo has been filed confirming the payment of
Rs.1,16,234/- by the petitioner in favour of the 1st respondent.
7.This Court had an enquiry with both the petitioner and the 1st
respondent. The 1st respondent reaffirmed the compromise entered with the
petitioner and filing of joint compromise memo and compounding petition.
8.In view of the above development and in the interest of both the
parties not to keep these proceedings pending since it will affect their future
life, this Court is inclined to compound the offence.
9.In the result, the case between the petitioner and the 1st respondent
is compounded. Hence, the judgment of the trial Court, dated 04.02.2019 in
C.C.No.102 of 2017 and the judgment of the lower appellate Court, dated
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03.12.2021 in Criminal Appeal No.97 of 2019 are set aside and the revision
is, accordingly, allowed. The petitioner is acquitted of all the charges
levelled against him. Consequently, the connected Crl.M.P.No.19532 of
2023 is closed.
21.12.2023
Index : Yes/No
Speaking Order/Non Speaking Order
Neutral Citation: Yes/No
vv2
To
1.The III Additional District & Sessions Court,
Coimbatore.
2.The Judicial Magistrate,
Fast Track Court at Magisterial Level-2,
Coimbatore.
https://www.mhc.tn.gov.in/judis
M.NIRMAL KUMAR., J.
vv2
21.12.2023
https://www.mhc.tn.gov.in/judis
