Saminathan vs Jeyaram
2023 Latest Caselaw 8521 Mad

                                                                              Crl.R.C.(MD).No.654 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.654 of 2023 and
                                         Crl.M.P(MD).Nos.9181 and 9877 of 2023

                     Saminathan                                                     ... Petitioner

                                                            Vs.

                     Jeyaram                                                        ... Respondent


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

                     Cr.P.C., to call for the records and set aside the order in C.A.No.68 of

                     2016 by Principal Sessions Judge, Trichy, dated 23.02.2018 by

                     confirming the Judgment and conviction made in STC.No.1 of 2016 by

                     the Judicial Magistrate Court, Manaparai, date 22.06.2016.

                                       For Petitioner     : Mr. T. Leninkumar

                                       For Respondent     : Mr.D. Venkatesh

                                                        ORDER

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

records and set aside the order in C.A.No.68 of 2016 by Principal

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.654 of 2023

Sessions Judge, Trichy, dated 23.02.2018 by confirming the Judgment

and conviction made in STC.No.1 of 2016 by the Judicial Magistrate

Court, Manaparai, date 22.06.2016.

2. The petitioner borrowed a sum of Rs.10,00,000/- from the

respondent on 09.08.2015. To discharge the said debt, he issued the

cheque, dated 17.11.2015 drawn on the bank State Bank of India,

Manaparai. The respondent presented the cheque before his Bank on

02.12.2015 and the same was returned with an endorsement as

“in-sufficient funds”. So the respondent issued the legal notice on

09.12.2015. The petitioner received the notice on 10.12.2015 and he did

not make any payment. In such circumstances, the respondent filed

complaint under Section 138 of NI Act, before the Judicial Magistrate

No.II, Manaparai. The learned Judicial Magistrate taken the complaint

on file in STC.No.1 of 2016.

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 perused the documents Ex.P1 to

Ex.P4 and passed the conviction under Section 138 of Negotiable

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.654 of 2023

Instruments Act to undergo 6 months Simple Imprisonment and directed

to pay compensation of Rs.10,00,000/- in default to undergo two months

Simple Imprisonment u/s.357 Cr.P.C., by the Judgment, dated

22.06.2016.

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

Appeal in C.A.No.68 of 2016 on the file of the Principal Sessions Judge,

Trichy. 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. Today, the parties appeared before this Court and filed a

joint compromise memo dated, 10.07.2023, which was duly signed by the

parties and their respective counsel.

6. 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.,

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.654 of 2023

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 Joint Compromise memo filed by the parties, dated

10.07.2023 shall form part of this order.

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

compensation in STC.No.1 of 2016 by the Judicial Magistrate Court,

Manaparai, date 22.06.2016 confirmed in C.A.No.68 of 2016 on the file

of the Principal Sessions Judge, Trichy, 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.654 of 2023

To

1. The Judicial Magistrate Court, Manaparai.

2. The Principal Sessions Judge, Trichy.

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.654 of 2023

K.K. RAMAKRISHNAN. J.,

trp

Order made in Crl.R.C(MD).No.654 of 2023 and Crl.M.P(MD).Nos.9181 and 9877 of 2023

Dated : 18.07.2023

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