Madras High Court
P.Sekar : Revision vs C.Kamuthurai on 10 January, 2023
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 10/01/2023
CORAM
The Hon'ble Mr.Justice G.ILANGOVAN
Crl.RC(MD)No.84 of 2022
P.Sekar : Revision Petitioner/
Appellant/Sole Accused
Vs.
C.Kamuthurai : Respondent/Respondent/
Complainant
Prayer:- This Criminal Revision has been filed
under section 397 r/w 401 of the Criminal Procedure Code,
to set aside the judgment, dated 14/09/2021 passed in CA
No.26 of 2021 by the Additional District and Sessions
Judge, Theni at Periyakulam, confirming the judgment,
dated 27/01/2020 passed in in STC No.59 of 2016 by the
Judicial Magistrate, Fast Track Court, Theni.
For Petitioner : Mr.D.Selvanayagam
For Respondent : Mr.M.Kaliraj
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2
O R D E R
This criminal revision has been filed seeking to
set aside the judgment, dated 14/09/2021 passed in CA
No.26 of 2021 by the Additional District and Sessions
Judge, Theni at Periyakulam, confirming the judgment,
dated 27/01/2020 passed in in STC No.59 of 2016 by the
Judicial Magistrate, Fast Track Court, Theni.
2.The facts in brief:-
The complainant filed a private complaint stating
that the accused borrowed a sum of Rs.2,500,000/- for his
family and business requirement, on 25/12/2015 promising
to return the above said amount. He issued a post-dated
cheque, date 25/02/2016. The above said cheque was
presented for payment on that date. But it was returned
with an endorsement 'Insufficient Funds', on 29/02/2016.
It was intimated to the accused by sending a demand
statutory notice, dated 12/03/2016. But the same was
returned by the accused on 14/03/2016. The private
complaint was taken on file in STC No.59 of 2016 by the
trial court.
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3.On the side of the complainant, he was examined
himself as PW1 and 4 documents marked. On the side of
the accused, 3 witnesses have been examined and one
document marked.
4.At the conclusion of the trial, the trial court
found the accused guilty under section 138 of the
Negotiable Instruments Act and accordingly, convicted and
sentenced him to undergo 5 months Simple imprisonment and
to pay a compensation of Rs.2,50,000/- with 9% interest
within one month, in default of payment of the
compensation, the accused shall undergo a further period
of two months of simple imprisonment.
5.Challenging the above said sentence and
conviction, the accused preferred appeal before the
appellate court namely Additional District and Sessions
Court, Theni at Periyakulam in CA No.26 of 2020 and that
was also dismissed, by judgment, dated 14/09/2021.
Against the above said concurrent findings, this criminal
revision has been preferred by the petitioner.
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6.Pending revision, there was a compromise
between the parties, by which the entire issue was
settled. Since the compromise has been made at the
revisional level, the accused was directed to deposit 5%
of the agreed amount to the credit of the High Court
Legal Services Authority, attached to this Bench. In
pursuance of the above said order, the above said amount
was also deposited on 06/01/2023 and the deposit voucher
is also produced. Since, it is a compoundable offence,
the matter has been compromised.
7.In view of the above said compromise and
compliance, the judgment of conviction and sentence
passed by the trial court as well as the appellate court
are hereby set aside and the petitioner is acquitted of
the charges levelled against him. The compromise memo
shall form part and parcel of the this order. The fine
amount, if any paid shall be refunded to the revision
petitioner. Accordingly, this criminal revision stands
allowed.
10/01/2023
Index:Yes/No
Internet:Yes/No
er
https://www.mhc.tn.gov.in/judis
To,
1.The Additional District and Sessions Court,
Theni at Peruyakulam.
2.The Judicial Magistrate,
Fast Track Court,
Theni.
https://www.mhc.tn.gov.in/judis
G.ILANGOVAN,J
er
Crl.RC(MD)No.84 of 2022
10/01/2023
https://www.mhc.tn.gov.in/judis
https://www.mhc.tn.gov.in/judis
