Madras High Court
Rekha vs Shanthi on 6 June, 2023
Crl.R.C.No.614 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.06.2023
CORAM
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
CRL.R.C.NO.614 OF 2022
Rekha ... Petitioner
Vs.
Shanthi ... Respondent
PRAYER: Criminal Revision Case filed under Section 397 r/w. 401 Cr.P.C.,
seeking to set aside the judgment passed in S.T.C.No.214 of 2016 on the file
of the Judicial Magistrate Fast Track Court (Magisterial Level) Ambattur,
Chennai, dated 25.10.2018 which was confirmed in C.A.No.8 of 2019 on the
file of the III Additional District & Sessions Court, Tiruvallur at Poonamallee
dated 24.02.2022.
For Petitioner : Mr.C.K.M.Appaji
For Respondent : Mr.P.Chandrasekar
1/8
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Crl.R.C.No.614 of 2022
ORDER
This Criminal Revision Case is filed by the petitioner seeking to
set aside the conviction and sentence passed in Criminal Appeal No.08 of
2019 dated 24.02.2022 by the learned III Additional District and Sessions
Judge, Poonamallee, confirming the judgment passed in S.T.C.No.214 of
2016 dated 25.10.2018 by the Fast Track Court (Magisterial Level)
Ambattur.
2.The case of the respondent / complainant is that the
petitioner/accused borrowed a sum of Rs.2,00,000/- from the complainant for
completing the construction work upon executing a Promissory Note on
02.07.2014. The petitioner / accused issued a cheque bearing No.447801
dated 13.04.2016 in favour of the complainant for discharge of the said debt.
When the complainant presented the cheque for realization, the same was
returned unpaid due to “funds insufficient”. Therefore, the complainant
issued a legal notice dated 11.05.2016 to the accused and the said notice was
acknowledged by the accused on 12.05.2016. However, the petitioner /
accused failed to make payment and she has not given any reply to the legal
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Crl.R.C.No.614 of 2022
notice issued by the complainant. Therefore, the complainant has filed a
private complaint under Section 138 of the Negotiable Instruments Act before
the Trial Court on 21.06.2016 and the same was taken on file on 01.09.2016
as STC. No.214/2016. The learned Trial Judge, after analysing the oral and
documentary evidence, has convicted the petitioner under Section 138 of the
Negotiable Instruments Act and sentenced to undergo simple imprisonment
for six months and to pay compensation of Rs.2,00,000/-, in default of the
said payment, shall undergo further period of one month simple
imprisonment.
3.Aggrieved over the judgment of conviction and sentence, the
petitioner has preferred an appeal in Criminal Appeal No.08/2019 and the
Appellate Court has also confirmed the judgment of the Trial Court and
dismissed the appeal preferred by the petitioner on 24.02.2022. Challenging
the same, the petitioner is before this Court.
4.When the matter is taken up for hearing, the learned counsel
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Crl.R.C.No.614 of 2022
appearing for the petitioner as well as the learned counsel for the respondent
submitted that the accused/petitioner and the respondent/complainant have
settled their disputes amicably among themselves and also filed a
Memorandum of Compromise dated Nil April 2023. It is stated that out of the
total cheque amount of Rs.2,00,000/-, the petitioner has already deposited a
sum of Rs.1,00,000/- (Rupees One Lakh Only) before the Trial Court to the
credit of STC No.214 of 2016. Further, the petitioner has made payment to
the respondent by way of Demand Draft as follows:-
(i) Demand Draft bearing No.048041 dated
13.02.2023 for Rs.1,90,000/- drawn on Axis Bank;
(ii) Demand Draft bearing No.048864 dated
06.04.2023 for Rs.1,30,000/- drawn on Axis Bank;
and
(iii) Demand Draft bearing No.029002 dated
13.04.2023 for Rs.1,00,000/- drawn on Axis Bank.
5.The complainant / respondent has also acknowledged the
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Crl.R.C.No.614 of 2022
receipt of the above said payment. Therefore, the parties have seek to accept
the Memorandum of Compromise dated Nil April 2023 and to permit the
respondent to withdraw the sum of Rs.1,00,000/- deposited by the petitioner
before the Trial Court with interest accrued thereon.
6.Heard the submissions made on either side and perused the
materials available on record.
7.On perusal of the records, the facts reveals that parties have
settled their disputes out of Court and compromised with each other and to
that effect, they have also filed a Memorandum of Compromise dated Nil
April 2023 duly signed by the petitioner/accused and the respondent /
complainant along with their respective counsels. Further, considering the
submission made by the learned counsel for the petitioner and the respondent
and the matter has been compromised between the parties out of Court and
the accused also paid the cheque amount to the complainant and the offence
being a compoundable offence, the Memorandum of Compromise dated Nil
April 2023 is accepted and the case is compounded.
8.In view of the Memorandum of Compromise dated Nil April
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Crl.R.C.No.614 of 2022
2023 duly signed by both parties and their respective counsel and the
submissions made by both counsel, the following order is passed;
(i) the Criminal Revision Case shall stand
allowed;
(ii) the offence under Section 138 of the
Negotiable Instruments Act shall stand compounded;
(iii) the petitioner shall stand acquitted in the
case. Bail Bond, if any, executed by the petitioner,
shall stand cancelled;
(iv) the Memorandum of Compromise dated Nil
April 2023 filed by the parties shall form part of
records.
(v) The respondent is permitted to withdraw the
amount of Rs.1,00,000/- deposited by the petitioner
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Crl.R.C.No.614 of 2022
before the Trial Court in STC No.214 of 2016 with
interest accrued thereon, if any, by filing a Memo
without issuing any notice to the petitioner / accused.
06.06.2023
Internet : Yes
TK
To
1.The Judicial Magistrate
Fast Track Court (Magisterial Level)
Ambattur, Chennai.
2.The III Additional District & Sessions Judge
Tiruvallur at Poonamallee.
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Crl.R.C.No.614 of 2022
V.SIVAGNANAM, J.
TK
CRL.R.C.NO.614 OF 2022
06.06.2023
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