Madras High Court
M/S.A.P.Thomas vs V.Suresh Babu on 7 March, 2023
Crl.R.C.No.698 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.03.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl.R.C.No.698 of 2017
and Crl.MP.Nos.6660 of 2017 and 5170 of 2018
1.M/s.A.P.Thomas
Rep.by its Managing Partner
A.T.Francies
67, Cutchery Street
Erode Town, Erode.
2.A.T.Francies
S/o.A.P.Thomas
Managing Partner
A.P.Thomas
61, Manickavasakar Colony
Karur Bye pass Road
Erode-2.
... Petitioners/Appellants/Respondent
vs.
V.Suresh babu ... Respondent/Respondent/Complainant
Criminal Revision filed under Sections 397 and 401 of the Code of Criminal
Procedure, to set aside the order of conviction and sentence dated 24.02.2017 in
C.A.No.73 of 2016, on the file of the I Additional District & Sessions Judge, Erode
confirming the order of conviction and sentence dated 22.02.2016 in C.C.No.84 of
2009, on the file of the Judicial Magistrate No.II, Erode.
For Petitioners : Mr.W.Camyles Gandhi
For Respondent : Mr.B.Singaravelu
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Page No.1 of 6
Crl.R.C.No.698 of 2017
ORDER
This Civil Revision Case has been filed against the judgment and order passed
by the I Additional District and Sessions Judge, Erode in C.A.No.73 of 2016, dated
24.2.2017, dismissing the appeal and confirming the judgment and order passed by
the Judicial Magistrate No.II, Erode in CC.No.84 of 2009, dated 22.2.2016, convicting
the petitioner for offence under Section 138 of the Negotiable Instruments Act, 1881
and sentencing him to undergo six months simple imprisonment and to pay a fine of
Rs.1,000/- and in default to undergo one month simple imprisonment.
2.During the pendency of this criminal revision case, there was some
compromise between the parties and pursuant to the same, the petitioner settled a
sum of Rs.3,00,000/- to the respondent. On receipt of the same, the respondent also
issued a receipt and the learned counsel for the petitioner produced a copy of the
receipt before this Court. A joint compromise memo has also been filed before this
Court recording the compromise between the parties.
3.When the matter came up for hearing on 03.01.2023, this Court wanted to get the
confirmation regarding the compromise from the learned counsel for the respondent.
4.When the matter was taken up for hearing today, the learned counsel for the
respondent submitted that he is not able to get in touch with his client and hence, he was not
able to confirm whether there was a compromise between the parties. In short, the
learned counsel for the respondent has not received any instructions from
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Crl.R.C.No.698 of 2017
the respondent.
5.The joint compromise memo that has been signed by the petitioner and the
respondent is taken on file and the relevant portions in the joint compromise memo is
extracted hereunder:
2) It is submitted that the Learned Judicial Magistrate after hearing
both side had allowed the said C.C.No.84 of 2009 and ordered conviction for
the Petitioners for the offence under section 138 of N.I. Act and sentenced
to undergo six months simple imprisonment and to pay fine Rs.1000/-.
Aggrieved by the said Order, the Petitioners therein preferred an Appeal
before the Learned I Additional District & Sessions Judge, Erode in
Crl.A.No.73 of 2016 and the same dismissed by confirming the Trial Court
Court Judgment made in C.C.No. 84 of 2009. Aggrieved by the same, present
revision has been filed by the Petitioners Meanwhile, pending above Criminal
Revision with the advice of elder persons and family friends of both the
parties and considering the long standing relationship with the Petitioners,
Respondent herein decided to settle the issue amicably and the Petitioner
also negotiated the alleged amount for return as Rs.3,00,000/- and settled
the said entire amount Rs.3,00,000/- (Three Lakhs) to the Respondent.
3) It is submitted that now the issue between the parties got settled
amicably. In view of the present revision/ Legal proceedings, which affects
the normal life of the Petitioners and also affects the Petitioners' business and
also affects the long standing relation between the parties. In these
circumstances, ends of justice therefore requires that this Hon'ble Court may
be pleased to record this Joint Compromise Memo and consequently set aside
the Judgment dated 24.02.2017 made in Crl.A.No.73 of 2016, on the file of I
Additional District & Judge, Erode Confirming the order of conviction and
sentence dated 22.02.2017 made in C.C.No. 84 of 2009, on the file of Judicial
Magistrate No.II, Erode, as otherwise the Petitioners will be put to serious
prejudice and untold hardships.
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Crl.R.C.No.698 of 2017
Therefore, considering the aforesaid reason, It is therefore prayed
that his Hon'ble Court may be pleased to record this Joint Compromise
Memo and consequently set aside the Judgment dated 24.02.2017 made in
CRL.A.No.73 of 2016, on the file of I Additional District & Sessions Judge,
Erode, confirming the order of conviction and sentence dated 22.02.2016
made in CC.No.84 of 2009, on the file of Judicial Magistrate No.II, Erode and
thus render justice.
Dated at Chennai this the 01" day of August, 2022.
6.A copy of the receipt that was placed before this Court shall also form part of
the compromise memo.
7.In the light of the above development, the offence shall stand compounded
and the conviction and sentence imposed against the petitioner by both the Courts
below is hereby set aside.
8.This Criminal Revision Case is disposed of in the above terms. Consequently,
connected miscellaneous petitions are closed.
07.03.2023
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
Neutral Citation Case : Yes/No
KP
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Crl.R.C.No.698 of 2017
To
1. I Additional District & Sessions Judge,
Erode.
2. Judicial Magistrate No.II, Erode.
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.698 of 2017
N. ANAND VENKATESH, J.
KP
Crl.R.C.No.698 of 2017
07.03.2023
https://www.mhc.tn.gov.in/judis
