Madras High Court
Rajarathinam vs Xavier on 22 December, 2023
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.R.C.Nos.1938, 1947 and 1948 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.12.2023
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.R.C.Nos.1938, 1947 and 1948 of 2023
and
Crl.M.P.Nos.19889, 19886 and 19884 of 2023
Rajarathinam ... Petitioner/Accused in all Crl.R.Cs.
Vs.
Xavier
Proprietor of Rabeeth Advertising Agencies,
Rep. by its Manager/Power of Attorney Viji,
No.364/103, C.Narayanapillai Street,
Peramanur,
Salem – 636 007. ... Respondent in all Crl.R.Cs.
PRAYER in Crl.R.C.Nos.1938 & 1947 of 2023: Criminal Revision Cases
have been filed under Sections 397 and 401 of Cr.P.C, praying to set aside
the order dated 10.03.2021 passed in C.A.Nos.4 and 5 of 2019 on the file of
learned III Additional District Judge, Salem, confirming the conviction and
sentence of six months simple imprisonment along with compensation of the
cheque amount of Rs.15,00,000/- to the respondent by an order dated
01.09.2018 passed in S.T.C.Nos.264 and 263 of 2016 on the file of the
learned Judicial Magistrate No.II, Salem, by allowing these Criminal
Revision Cases.
1/8
https://www.mhc.tn.gov.in/judis
Crl.R.C.Nos.1938, 1947 and 1948 of 2023
PRAYER in Crl.R.C.No.1948 of 2023:Criminal Revision Case has been filed
under Sections 397 and 401 of Cr.P.C, praying to set aside the order dated
22.03.2019 passed in C.A.No.124 of 2017 on the file of learned II Additional
District and Sessions Judge, Salem, confirming the conviction and sentence
in the judgment dated 23.10.2017 in S.T.C.Nos.265 of 2016, on the file of the
learned Judicial Magistrate No.II, Salem.
For Petitioner : Mr.P.Babu
For Respondent : Ms.M.H.Anishia
for M/s.Elizabeth Ravi
COMMON ORDER
This Court, on 10.11.2023, had passed the following order:
“These Criminal Miscellaneous Petitions have been filed
by the petitioner/accused, seeking suspension of sentence and bail
pending disposal of the above revisions.
2.The petitioner was convicted for the offence under
Section 138 of Negotiable Instruments Act in a complaint filed by
the respondent. The respondent/complainant in all the three cases
are one and the same. The respondent herein filed three cases
against the petitioner before the learned Judicial Magistrate No.II,
Salem in S.T.C.Nos.263, 265 and 264 of 2016, respectively. The
cheque amount involved in three cases are Rs.5,00,000/-,
https://www.mhc.tn.gov.in/judis
Crl.R.C.Nos.1938, 1947 and 1948 of 2023
Rs.5,00,000/- and Rs.15,00,000/-, in total Rs.25,00,000/-. The
petitioner was convicted by the trial Court, against which, he
preferred an appeal in C.A.Nos.5 of 2019, 124 of 2017 and 4 of
2019, respectively before the Sessions Court. The appeals got
dismissed. Thereafter, the same has not been challenged by way of
revision before this Court. Since the conviction of the petitioner
confirmed, the respondent took steps to execute Non Bailable
Warrant against the petitioner. In the meanwhile, the present
revisions have been filed by the petitioner as stated above.
3.Learned counsel for the petitioner submitted that the
petitioner settled the cheque amount of Rs.25,00,000/- (Rupees
Twenty Five lakhs only) to the respondent pertaining to all the three
cases. Learned counsel for the respondent is present before this
Court and confirms the same. It is also submitted that the petitioner
is a heart patient and underwent open heart surgery during January
2023 and he is under constant medical observation and medication.
He further submitted that pursuant to the remand of the petitioner
in all the cases on 30.10.2023, he is now confined in Central
Prison, Coimbatore. Now the issue has been settled between the
petitioner and the respondent.
4.Learned counsel for the respondent submits that the
respondent is in Salem and seeks small accommodation to file a
https://www.mhc.tn.gov.in/judis
Crl.R.C.Nos.1938, 1947 and 1948 of 2023
petition under Section 147 of N.I. Act to compound the offence.
5.Both the counsels agree to file a compound petition
before this Court, which has been recorded in the remand order. A
scanned reproduction of the same is as follows:
https://www.mhc.tn.gov.in/judis
Crl.R.C.Nos.1938, 1947 and 1948 of 2023
6.In view of the settlement arrived at between the
petitioner/accused and the respondent/complainant, this Court is
inclined to suspend the sentence imposed on the petitioner. Learned
counsel for the respondent has got no objection in granting bail to
the petitioner.
https://www.mhc.tn.gov.in/judis
Crl.R.C.Nos.1938, 1947 and 1948 of 2023
7.Accordingly, the Substantive Sentence of Imprisonment
imposed on the petitioner is suspended till the disposal of the
revision. The petitioner is directed to execute own bond for a sum of
Rs.5,000/- (Rupees Five thousand only) before the Superintendent
of Prison, Central Prison, Coimbatore and the petitioner is ordered
to be released on execution of own bond.
8.Accordingly, these Criminal Miscellaneous Petitions
are ordered.
9.Post the revision petitions on 20.11.2023 for filing
petition under Section 147 of NI Act for compounding the offence.”
2.In continuation and conjunction to the earlier order passed by this
Court on 10.11.2023, the learned counsel for petitioner as well as respondent
are present. The petitioner is also present before this Court. Both the parties
confirmed the compromise and now the entire amount has been settled to the
satisfaction. Both the parties have filed a compounding petitions along with
Joint Compromise Memo signed by the petitioner, respondent and their
respective counsel and the affidavit of both petitioner and respondent before
this Court in Crl.M.P.Nos.19889, 19886 and 19884 of 2023 in
https://www.mhc.tn.gov.in/judis
Crl.R.C.Nos.1938, 1947 and 1948 of 2023
Crl.R.C.Nos.1938, 1947 and 1948 of 2023 invoking Section 147 of the
Negotiable Instruments Act, 1881 to compound the offence and the same are
ordered.
3.In the result, the cases between the petitioner and the respondent
are compounded. Hence, the judgment, dated 01.09.2018 and 23.10.2017 in
S.T.C.Nos.264, 263 and 265 of 2016, passed by the learned Judicial
Magistrate No.II, Salem and the judgment dated 10.03.2021 and 22.03.2019
passed in C.A.Nos.4, 5 of 2019 and 124 of 2017 by the learned III Additional
District Judge, Salem and II Additional District & Sessions Judge, Salem,
respectively, are set aside and the revisions are, accordingly, allowed. The
petitioner is acquitted of all the charges levelled against him.
22.12.2023
Index : Yes/No
Speaking order / Non-speaking order
Neutral citation : Yes/No
rsi
https://www.mhc.tn.gov.in/judis
Crl.R.C.Nos.1938, 1947 and 1948 of 2023
M.NIRMAL KUMAR, J.
rsi
To
1.The Judicial Magistrate No.II,
Salem.
2.The III Additional District Judge,
Salem.
3.The II Additional District & Sessions Judge,
Salem.
4.The Public Prosecutor,
High Court, Madras.
Crl.R.C.Nos.1938, 1947 and 1948 of 2023
and
Crl.M.P.Nos.19889, 19886 and 19884 of 2023
22.12.2023
https://www.mhc.tn.gov.in/judis
