Madras High Court
R.Balakrishnan vs Mala on 7 March, 2023
Crl.R.C.No.553 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.03.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl.R.C.No.553 of 2016
R.Balakrishnan ... Petitioner
vs.
K.Sundaramoorthy (Deceased)
Mala
W/o Late K.Sundaramoorthy
(impleaded in the place of the
deceased sole respondent vide
order of the court dated 11.1.2023
in Crl.M.P.No.457/2023 in Crl.R.C.
No.553/2016). ... Respondent
Prayer: Criminal Revision filed under Sections 397 r/w 401 of the Code of Criminal
Procedure to set aside the conviction, sentence and imprisonment passed by Additional
District and Sessions Judge, Kancheepuram at Chengalpet District in Criminal Appeal
No.83 of 2011 dated 21.01.2016 confirming the conviction and sentence passed by the
Fast Track Judge, Alandur imposed on the petitioner by the trial Court in C.C.No.105 of
2011 dated 19.11.2011 convicting the petitioner/accused for the offence under Section
138 read with Section 142 of the Negotiable Instruments Act.
For Petitioner : Mr.N.Baskaran
For Respondent : Mr.N.Senthil Kumar
https://www.mhc.tn.gov.in/judis
Page No.1 of 5
Crl.R.C.No.553 of 2016
ORDER
This Criminal Revision Case was filed against the judgment and order passed in
Crl.A.No.83 of 2011 by the Additional District and Sessions Judge, Chengelpet dated
21.01.2016, confirming the judgment and order passed by the Judicial Magistrate, Fast
Track Court (Magisterial Level), Alandur in C.C.No.105 of 2011 dated 19.11.2011,
convicting the petitioner for offence under Section 138 of the Negotiable Instruments
Act and sentencing him to undergo two months simple imprisonment and to pay a fine
of Rs.3,000/- and in default to undergo one month simple imprisonment. The Trial
Court also made payment of compensation of a sum of Rs.10,000/- as a part of
sentence and in default to undergo one month simple imprisonment.
2. When the matter came up for hearing on 21.02.2023, this Court passed the
following order.
“ The learned counsel for the petitioner submitted that the
petitioner/accused suffered a serious accident recently and hence, wants to
settle this matter with the respondent. The total cheque amount is to the tune
of Rs.2,91,000/- (Rupees Two Lakhs Ninety One Thousand only). Out of the
same, a balance of Rs.2,78,000/- (Rupees Two Lakhs Seventy Eight
Thousand only) remains due and payable. The learned counsel for the
petitioner submitted that the petitioner will settle a sum of Rs.2,50,000/-
(Rupees Two Lakhs Fifty Thousand only).
2. Whereas, the learned counsel for the respondent submitted that this
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Crl.R.C.No.553 of 2016
case has been going on from the year 2009 and hence, the petitioner must
settle the balance amount with atleast some minimum interest.
3. The learned counsel for the petitioner seeks time to take
instructions in this regard.
4. This criminal revision is of the year 2016 and hence, one last
chance is granted by this Court to enable the parties to arrive at a
settlement, failing which, the main revision will be taken up for hearing and
final orders will be passed.”
3. When the matter was taken up for hearing today, the learned counsel for the
petitioner submitted that a Demand Draft for a sum of Rs.2,78,000/- (Rupees Two
Lakhs Seventy Eight Thousand Only) has been drawn in favour of the impleaded
respondent S.Mala and the same was also handed over to the learned counsel for the
respondent. Learned counsel for the respondent also acknowledged the said fact and
submitted that the entire cheque amount has been paid by the petitioner and left it to
this Court to pass further orders in this Criminal Revision Case. Learned counsel for the
respondent further submitted that the petitioner has deposited a sum of Rs.10,000/-
(Rupees Ten Thousand only) before the Trial Court and requested this Court to permit
the respondent to withdraw the said amount. The impleaded respondent viz., S.Mala is
permitted to file an appropriate memo before the Trial Court and the Trial Court shall
permit the withdrawal of the sum of Rs.10,000/- that has already been deposited by
the petitioner.
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Crl.R.C.No.553 of 2016
4. Taking into consideration the fact that the parties have settled the dispute
amongst themselves and the petitioner had settled the entire cheque amount to the
respondent, the offence is compounded and the judgment and order passed by both
the Courts below are hereby set aside. This Criminal Revision Case is disposed of in
the above terms.
07.03.2023
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
Neutral Citation Case : Yes/No
KST
To
1.The Additional District and Sessions Judge, Chengalpet.
2.The Judicial Magistrate, Fast Tract Court (Magisterial Level), Alandur.
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.553 of 2016
N. ANAND VENKATESH, J.
KST
Crl.R.C.No.553 of 2016
07.03.2023
https://www.mhc.tn.gov.in/judis
