G.K.Dwaragan vs S.Jegadeesan
2023 Latest Caselaw 7841 Mad

Citation : 2023 Latest Caselaw 7841 Mad
Judgement Date : 7 July, 2023

Madras High Court

G.K.Dwaragan vs S.Jegadeesan on 7 July, 2023

Crl.R.C.(MD).No.475 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 07.07.2023

CORAM :

THE HONOURABLE MR.JUSTICE K.K. RAMAKRISHNAN

Crl.R.C(MD).No.475 of 2023 and
Crl.M.P(MD).Nos.6965 and 6969 of 2023

G.K.Dwaragan ... Petitioner
Vs.
S.Jegadeesan ... Respondent
PRAYER: Criminal Revision Case filed under Section 397 r/w. 401
Cr.P.C., to call for the records relating to the order of the Judgment made
in STC.No.203 of 2014 on the file of the learned Judicial Magistrate No.I
(Fast Track Court, Magisterial Level) Madurai, dated 06.09.2019 which
is confirmed in C.A.No.118 of 2019, dated 20.03.2020 on the file of the
learned VI Additional Sessions Court, Madurai and set aside the same
and allow this revision.

For Petitioner : Mr.K. Krishna

For respondent : Mr. M. Balakrishnan

ORDER

The respondent filed STC.No.203 of 2014 on the file of the

learned Judicial Magistrate No.I (Fast Track Court, Magisterial Level)

Madurai, to take action against the petitioner under Section 138 of

Negotiable Instruments Act. The respondent stated in the compliant

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.475 of 2023

that the petitioner gave a cheque, dated 14.11.2013 for debt incurred by

the petitioner and the same was presented before the complainant Bank

and the same was returned for “in-sufficient funds”. Hence, he has

issued notice dated 30.12.2013. Since there was no response, he filed

the said complaint in STC.No.203 of 2013, on the file of the learned

Judicial Magistrate No.I (Fast Track Court, Magisterial Level) Madurai.

The learned Trial Judge after considering the evidence convicted the

petitioner by the Judgment, dated 06.09.2003. Against which appeal was

filed in C.A.No.118 of 2019 and the same was confirmed by the learned

Appellate Judge in C.A.No.118 of 2019 vide order, dated 20.03.2020 on

the file of the learned VI Additional Sessions Court, Madurai.

Challenging the same, the petitioner / accused filed the present revision

before this Court.

2. During the pendency of revision, the matter is settled

between the parties and also as per the direction of this Court 5% of the

agreed amount deposited by the petitioner before the Legal Services

Authority attached with this Bench. Today, the defacto complainant is

present and submitted that the and matter is settled and hence, he has no

objection to compound the offence.

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.475 of 2023

3. In view of the above compromise and the parties are also appeared before this Court and affirmed the terms of the compromise, this Court is inclined to order the compounding of offence under Section 147 of NI Act and 320 Cr.P.C. Terms of compromise memo as follows:

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.475 of 2023

4. Since the offence are compoundable offence and more

particularly as per the direction of this Curt, the petitioner has deposited

5% of the amount before Legal Services Authority, this Court allowed

this revision in the following terms:

(i) The compromise memo filed by the parties shall form

part of this order.

(ii) The conviction and sentence of imprisonment and grant

of compensation in STC.No.203 of 2014 on the file of the Judicial

Magistrate No.I (Fast Track Court, Magisterial Level) confirmed in

C.A.No.118 of 2019, dated 20.03.2020 on the file of the learned VI

Additional Sessions Court, Madurai is hereby set aside.