P.Jeyalakshmi vs R.Ashok Kumar
2023 Latest Caselaw 8516 Mad

                                                                         Crl.R.C.(MD).No.702 of 2023


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 18.07.2023

                                                    CORAM :

                           THE HONOURABLE MR.JUSTICE K.K. RAMAKRISHNAN

                                          Crl.R.C(MD).No.702 of 2023
                                                     and
                                     Crl.M.P(MD).Nos.9764 and 9766 of 2023


                     P.Jeyalakshmi                                             ... Petitioner

                                                         Vs.


                     R.Ashok Kumar                                             ... Respondent



                     PRAYER: Criminal Revision Case filed under Section 397 r/w. 401

                     Cr.P.C., to call for the records and set aside the conviction and sentence

                     passed in C.A.No.9 of 2021, dated 10.03.2022 on the file of the IV

                     Additional District Court, Madurai confirming the orders made in

                     STC.No.725 of 2016, dated 24.11.2020 on the file of the Judicial

                     Magistrate No.II, (FTC), Madurai.

                                  For Petitioner      : Mr. R. Murali

                                  For Respondent      : Mr.K.Kaleeswran



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https://www.mhc.tn.gov.in/judis
                                                                               Crl.R.C.(MD).No.702 of 2023



                                                           ORDER

This Criminal Revision Case has been filed to call for the records

and set aside the conviction and sentence passed in C.A.No.9 of 2021,

dated 10.03.2022 on the file of the IV Additional District Court, Madurai

confirming the orders made in STC.No.725 of 2016, dated 24.11.2020 on

the file of the Judicial Magistrate No.II, (FTC), Madurai.

2. The petitioner borrowed a sum of Rs.5,00,000/- from the

respondent on 08.01.2016. To discharge the said debt, he issued the

cheque, dated 18.03.2016 drawn on the bank Axis Bank,

Ramanathapuram. The respondent presented the cheque before his Bank

on 21.03.2016 and the same was returned on 23.03.2016 with an

endorsement of “Account Blocked”. So the respondent issued the legal

notice on 30.03.2016. The petitioner received the notice and he did not

make any payment. So, the respondent filed complaint under Section 138

r/w 142 NI Act, before the learned Judicial Magistrate No.II, (FTC),

Madurai. The learned Judicial Magistrate taken the complaint on file in

STC.No.725 of 2016.

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.702 of 2023

3. Thereafter, on receipt of the summons, the petitioner appeared

and contested the case. The learned Trial Judge after following the

procedure and examined PW.1 and DW.1 and perused the documents

Ex.A1 to Ex.A6 and Ex.B1 passed the conviction under Section 138 of

Negotiable Instruments Act to undergo 6 months Simple Imprisonment

and directed to pay compensation of Rs.5,00,000/- in default to undergo

one month Simple Imprisonment by the Judgment, dated 24.11.2020.

4. Aggrieved over the same, the petitioner filed the Criminal

Appeal in C.A.No.9 of 2021 on the file of the IV Additional District

Court, Madurai. The learned Appellate Judge also confirmed the same.

Hence, petitioner preferred this revision before this Court.

5. During the pendency of the above revision, parties entered into

a compromise and they filed the compromise memo. Today, the parties

appeared before this Court and the petitioner counsel also filed a memo

along with settlement agreement, dated 10.04.2023.

6. In view of the above compromise and the parties are also

appeared before this Court and affirmed the terms of the compromise,

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.702 of 2023

this Court is inclined to order the compounding of offence under Section

147 of NI Act and 320 Cr.P.C.,

7. Since the offence are compoundable offence and more

particularly the petitioner paid the entire amount as agreed between them,

this Court is allowed this revision in the following terms:

(i) The memo and the settlement agreement, dated 10.04.2023

shall form part of this order.

(ii) The conviction and sentence of imprisonment and grant of

compensation in STC.No.725 of 2016, dated 24.11.2020 on the file of the

Judicial Magistrate No.II, (FTC), Madurai confirmed in C.A.No.9 of

2021, dated 10.03.2022 on the file of the IV Additional District Court,

Madurai is hereby set aside.

Consequently, the connected Miscellaneous Petitions are closed.

                                                                                           18.07.2023

                     NCC      : Yes/No
                     Index    :Yes/No
                     Internet : Yes/ No
                     trp





https://www.mhc.tn.gov.in/judis
                                                                         Crl.R.C.(MD).No.702 of 2023



                     To

1. The Judicial Magistrate No.II, (FTC), Madurai.

2. The IV Additional District Court, Madurai

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.702 of 2023

K.K. RAMAKRISHNAN. J.,

trp

Order made in Crl.R.C(MD).No.702 of 2023 and Crl.M.P(MD).Nos.9764 and 9766 of 2023

Dated : 18.07.2023

https://www.mhc.tn.gov.in/judis