Madras High Court
Krishnan vs Trichy Sri Vekaliyamman Finance on 5 June, 2023
Crl.R.C.(MD) No.505 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
Crl.R.C.(MD)No.505 of 2023
and
Crl.M.P.(MD)Nos.7381, 7382 and 7817 of 2023
Krishnan ...Petitioner/Appellant/
Accused
Vs.
Trichy Sri Vekaliyamman Finance
represented by its
Managing Partner
K.Sivasubramanian ... Respondent/Respondent/
Complainant
Prayer : This Criminal Revision has been filed under Section 397 r/w 401
of Cr.P.C., to set aside the order passed in Crl.A.No.93 of 2018 dated
30.01.2020 on the file of the learned IIIrd Additional District and Sessions
Judge, Tiruchirapalli confirming the judgment and conviction passed in
C.C.No.141 of 2017 dated 26.06.2018 on the file of the learned Judicial
Magistrate No.1, Tiruchirapalli whereby the petitioner has been convicted
to undergo simple imprisonment for one year and to pay a compensation
amount of Rs.3,81,500/- to the respondent/complainant for the offence
under Section 138 of NI Act.
1/4
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD) No.505 of 2023
For Petitioner : Mr.B.Jameel Arasu
For Respondent : Mr.P.Vinoth
ORDER
The Criminal Revision is directed against the Judgment of
conviction and sentence passed in Crl.A.No.93 of 2018 dated 30.01.2020
on the file of the III Additional District and Sessions Court, Tiruchirapalli
confirming the Judgment of conviction and sentence, dated 26.06.2018
passed in C.C.No.141 of 2017 on the file of the Court of the Judicial
Magistrate No.1, Tiruchirapalli
2. It is evident from the records that this Court, while condoning the
delay in filing the revision in Crl.M.P.(MD)No.10273 of 2022, considering
the submissions made by the learned counsel appearing for the petitioner
and the respondent that the matter has already been settled between the
parties, directed the petitioner to deposit 5% of the agreed amount before
the High Court Legal Service Authority attached to this Bench on or
before 29.03.2023. In pursuance of the same, the petitioner has deposited
5% of the agreed amount of Rs.7,500/- (Rupees Seven Thousand and Five
Hundred only) before the High Court Legal Services Committee.
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD) No.505 of 2023
3. When the matter is taken up for hearing today, the learned
counsel appearing for the petitioner has also filed a petition under Section
320 Cr.P.C. r/w 147 of Negotiable Instruments Act, wherein, it has been
stated that as agreed by both the parties, the petitioner has paid the cheque
amount of Rs.1,90,750/- (Rupees One Lakh Ninety Thousand Seven
Hundred and Fifty only) to the respondent.
5. In view of the above, the offence under Section 138 of Negotiable
Instruments Act stands compounded under Section 147 of Negotiable
Instruments Act. Hence, the Criminal Revision is allowed and the
judgments of the trial Court and the Appellate Court are set aside and the
petitioner/accused is acquitted from the charges levelled against him.
Consequently, Crl.M.P.(MD)No.7817 of 2023 is ordered and Crl.M.P.
(MD)Nos.7381 and 7382 are closed.
05.06.2023
NCC : Yes/No
Index : Yes/No
Internet : Yes/No
csm
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD) No.505 of 2023
K.MURALI SHANKAR, J.
csm
ORDER MADE IN
Crl.R.C.(MD)No.505 of 2023
and
Crl.M.P.(MD)Nos.7381, 7382 and 7817 of 2023
Dated : 05.06.2023
https://www.mhc.tn.gov.in/judis
