K.Karthikeyan vs N.Muthukumar
2023 Latest Caselaw 6513 Mad

                                                                                  Crl.R.C.No.296 of 2020



                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                         Dated : 19.06.2023

                                                             CORAM :

                                  THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN

                                                    Crl.R.C.No.296 of 2020

                     K.Karthikeyan                                                      .. Petitioner
                                                                 Vs.

                     N.Muthukumar                                                      ..Respondent

                     PRAYER : Criminal Revision Case has been filed under sections 397
                     read with 401 of Criminal Procedure Code to call for the records
                     pertaining to the order of the Principal Sessions Judge, Erode in
                     Crl.A.No.38 of 2019 dated 20.12.2019, confirming the order in
                     S.T.C.No.136 of 2018 on the file of the District Munsif cum Judicial
                     Magistrate Court, Kodumudi dated 05.01.2019 and set aside the same.


                                        For Petitioner       :     M/s.T.K.S.Gandhi

                                        For Respondent       :     Mr.S.Ramesh

                                                          ORDER

This Criminal Revision Case is filed against the concurrent findings

of the Courts below holding the revision petitioner guilty of offence under

Section 138 of Negotiable Instruments Act, for issuing the cheque for

https://www.mhc.tn.gov.in/judis Crl.R.C.No.296 of 2020

Rs.3,00,000/- without making adequate arrangement to honour the

cheque. The cheque is dated 21.12.2017 for Rs.3,00,000/- drawn in

favour of the complainant. It was presented for collection on 21.12.2017,

but returned with an endorsement as “Funds Insufficient”. After causing

statutory notice, which was received by the accused on 20.01.2018, the

complaint has been filed before the District Munsif cum Judicial

Magistrate Court, Kodumudi.

2. The complaint has been taken on file in S.T.C.No.136 of

2018. The trial Court has held the accused guilty and sentenced him to

undergo one year Simple Imprisonment and ordered to pay Rs.3,00,000/-

as compensation to the complainant. Aggrieved by the judgment, the

accused has preferred Cr.A.No.38 of 2019, on the file of the Principal

Sessions Judge, Erode.

3. The lower appellate Court had dismissed the appeal,

confirming the judgment of the trial Court. Hence the above revision

petition filed by the accused stating that the judgment of the Courts below

https://www.mhc.tn.gov.in/judis Crl.R.C.No.296 of 2020

is unsustainable in law and facts and liable to be set aside.

4. Pursuant to the order passed by this Court while admitting

the revision petition, the accused had deposited Rs.1,50,000/- being the

50% of the cheque amount in S.T.C.No.136 of 2018 account on

15.10.2020.

5. When the matter is taken up for final disposal, the accused

and the complainant are present and filed a Joint Memo of Compromise

indicating that they have settled the dispute amicably and the accused had

paid a sum of Rs.36,000/- by way of bank transaction and cash on

different dates and he agree to permit the complainant to withdraw a sum

of Rs.1,50,000/- deposited in the STC account. The Joint Memo of

Compromise dated 14.06.2023 signed by the parties and their respective

counsels is taken on record.

6. Recording the Joint Memo of Compromise entered between

https://www.mhc.tn.gov.in/judis Crl.R.C.No.296 of 2020

the parties, this Criminal Revision Case is disposed of as offence

compounded. The complainant, Muthukumar is permitted to withdraw a

sum of Rs.1,50,000/- deposited in the S.T.C.No.136 of 2018 account. If

the money been invested in any bank and interest accrued, the

complainant is entitled for that interest also.

19.06.2023

Internet : Yes/No Index: Yes/No

rpl

To

1.The Principal Sessions Judge, Erode

2.The District Munsif cum Judicial Magistrate Court, Kodumudi.

Dr.G.JAYACHANDRAN, J.

https://www.mhc.tn.gov.in/judis Crl.R.C.No.296 of 2020

rpl

Crl.R.C.No.296 of 2020

19.06.2023

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