Madras High Court
R.Jayasree vs R.Kumar on 22 June, 2023
Crl.R.C.No.231 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.06.2023
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.R.C.No.231 of 2021 and
Crl.M.P.No.8875 of 2023
R.Jayasree, F/46 years,
W/o. Late S.Rajavelu,
Proprietrix of Namosree Polymers,
No.31/109, G.N.T.Road,
Erukkancherry,
Chennai – 600 118. ... Petitioner
Vs.
R.Kumar ... Respondent
PRAYER: Criminal Revision Petition filed under Sections 397 r/w 401 of
Criminal Procedure Code, to call for the records and set aside the judgment in
C.A.No.580 of 2018 on the file of the Learned I Additional Sessions Judge, City
Civil Court at Chennai by judgment dated 24-09-2019 confirming the sentence
imposed in C.C.No.4586 of 2013 on the file of Learned Metropolitan
Magistrate, Fast Track No.II, Egmore, Allikulam, Chennai dated 15-10-2018.
For Petitioner : Mr.A.Velmurugan
For Respondent : Mr.R.Vijayakumar
*****
ORDER
The petitioner was convicted by judgment, dated 15.10.2018, in
C.C.No.4586 of 2013, by the learned Metropolitan Magistrate, Fast Track
Court No.II, Egmore, Chennai/trial Court, for offence under Section 138 of the
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Crl.R.C.No.231 of 2021
Negotiable Instruments Act and sentenced to undergo one year Simple
Imprisonment and to pay a compensation of Rs.10,00,000/- to the respondent in
default, to undergo three months Simple Imprisonment. Aggrieved over the
judgment of the trial Court, an appeal was preferred by the petitioner before the
learned I Additional Sessions Judge, City Civil Court, Chennai/lower appellate
Court in C.A.No.582 of 2018. The learned I Additional Sessions Judge, by
judgment dated 24.09.2019, dismissed the appeal, confirming the judgment of
the trial Court, against which the present revision.
2.Gist of the case is that the petitioner approached the respondent on
05.03.2011 and borrowed a sum of Rs.5,00,000/- for purchasing machinery and
materials for her business and further, she agreed to pay interest at the rate of
18% per annum and executed the promissory note on the same day. In
discharge of said liability, she issued cheque for Rs.5,00,000/- bearing
No.539727, dated 08.05.2013 drawn on Indian Bank, Kilpauk Branch,
Chennai. When the cheque was presented for encashment, the same was
returned for the reason 'Funds Insufficient'. Thereafter, statutory notice was
sent to the petitioner on 23.05.2013, but the petitioner failed to receive the
notice. Hence, the complaint was lodged by the respondent.
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Crl.R.C.No.231 of 2021
3.During trial, the respondent examined himself as PW1 and marked four
documents, namely, Cheque, Return Memo, Statutory notice and Return postal
cover (Exs.P1 to P4). On the side of the petitioner, no witness was examined
and no exhibit was marked.
4.The trial Court on conclusion of trial found the petitioner guilty and
convicted him and sentenced to undergo one year Simple Imprisonment and to
pay a compensation of Rs.10,00,000/- to the respondent in default, to undergo
three months Simple Imprisonment. Aggrieved over the judgment of the trial
Court, an appeal was preferred by the petitioner before the learned I Additional
Sessions Judge, City Civil Court, Chennai/lower appellate Court in C.A.No.582
of 2018. The learned I Additional Sessions Judge, by judgment dated
24.09.2019, dismissed the appeal, confirming the judgment of the trial Court,
against which the present revision.
5.Learned counsel for the petitioner submitted that after two concurrent
findings of trial Court as well as lower appellate Court, the petitioner
approached the respondent/complainant and explained her difficult situation she
was faced. Further, she explained how she was deceived by one Esaki who had
stolen and misused her cheque and difficulties faced by her. He further
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Crl.R.C.No.231 of 2021
submitted that both the petitioner and the respondent had negotiation in this
regard and an understanding was reached between them. Finally, a
Memorandum of Understanding, dated 31.12.2020 was reached by which, the
petitioner agreed to pay Rs.3,25,000/- towards the full and final settlement and
the respondent agreed for the same and also agreed to give quites to the dispute
between them and to file petition under Section 147 of the Negotiable
Instruments Act, 1881 to withdraw the complaint. On this score, this revision
has been filed before this Court.
6.Today, the petitioner and the respondent are present before this Court.
The respondent/complainant admits the Memorandum of Understanding entered
between them, receiving the amount from the petitioner and agreeing to give
quites to the issue. Earlier, this Court had directed the above revision to be
posted along with other cases before the Lok Adalat on 12.08.2020.
7.The petitioner has filed compounding petition along with affidavits
before this Court in Crl.M.P.No.8875 of 2023 in Crl.R.C.No.231 of 2021
invoking Section 147 of the Negotiable Instruments Act, 1881 to compound the
offence and the same is ordered.
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Crl.R.C.No.231 of 2021
8.This Court had an enquiry with both the petitioner and the respondent.
The respondent reaffirmed the compromise entered with the petitioner,
Memorandum of Understanding entered between them and filing of
compounding petition.
9.In view of the above development and in the interest of both the parties
not to keep these proceedings pending, since it will affect their future life, the
respondent/complainant filed petition Section 147 of the Negotiable Instruments
Act, 1881 to compound the offence.
10.In the result, the case between the petitioner and the respondent is
compounded. Hence, the judgment, dated 15.10.2018, in C.C.No.4586 of
2013, passed by the learned Metropolitan Magistrate, Fast Track Court No.II,
Egmore, Chennai and the judgment dated 24.09.2019 passed by the learned I
Additional Sessions Judge, City Civil Court, Chennai in C.A.No.580 of 2018 are
set aside and the revision is, accordingly, allowed. The petitioner is acquitted of
all the charges levelled against him.
22.06.2023
vv2
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Crl.R.C.No.231 of 2021
M.NIRMAL KUMAR, J.
vv2
Speaking Order/Non Speaking Order
Index : Yes/No
Internet : Yes/No
Neutral Citation: Yes/No
To
1.The Metropolitan Magistrate,
Fast Track Court No.II,
Egmore, Chennai.
2.The I Additional Sessions Judge,
City Civil Court, Chennai.
Crl.R.C.No.231 of 2021
22.06.2023
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