Madras High Court
Kamalavathy vs Neela Pillai on 20 March, 2023
Crl.R.C.No.1499 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.03.2023
CORAM
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
Crl.R.C.No.1499 of 2022
and
Crl.M.P.Nos.17268, 17272 & 18090 of 2022
Kamalavathy ... Petitioner
/vs/
Neela Pillai ... Respondent
PRAYER : Criminal Revision Case has been filed under Section 397 and
401 Cr.P.C. to call for the records in C.A.No.43 of 2021 on the file of the
III Additional District and Sessions Judge, Kallakuruchi dated 23.06.2022
confirming the order of conviction passed by the learned Judicial
Magistrate, Fast Track Court, Kallakuruchi in C.C.No.2 of 2017 dated
29.11.2021, set aside the same and set the petitioner at liberty.
For Petitioner ... Mr.M.Devaraj
For Respondent ... Mr.A.Kousik Raghu Rajan
ORDER
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1499 of 2022
The criminal revision case has been filed to call for the records in
C.A.No.43 of 2021 on the file of the III Additional District and Sessions
Judge, Kallakuruchi dated 23.06.2022 confirming the order of conviction
passed by the learned Judicial Magistrate, Fast Track Court, Kallakuruchi
in C.C.No.2 of 2017 dated 29.11.2021 and set aside the same.
2.The revision petitioner is an accused and the respondent is the
complainant. The respondent filed a complaint against the petitioner for an
offence under Section 138 of the Negotiable Instruments Act. After trial,
the petitioner was convicted and sentenced him to undergo one year
rigorous imprisonment and to pay a cheque amount of Rs.9,00,000/- as
compensation within three months, in default, to undergo two months
simple imprisonment. Aggrieved against the conviction and sentence, the
petitioner filed an appeal in C.A.No.43 of 2021 before the III Additional
District and Sessions Judge, Kallakuruchi and the learned III Additional
District and Sessions Judge has confirmed the judgment of the trial Court,
against which, the present criminal revision case has been filed.
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1499 of 2022
3.When the matter is taken up for hearing, the learned counsel for
the petitioner/accused and the learned counsel for the
respondent/complainant submitted that the matter has been compromised
and setted out of Court and the accused gave the entire cheque amount to
the complainant. In this regard, they filed a compromise memo dated
22.11.2022, in which, both the parties and their respective counsel were
signed. Therefore, it may be recorded. The accused had deposited a sum of
Rs.1,80,000/- before the trial Court in C.C.No.2 of 2017 on the file of the
Judicial Magistrate, Fast Track Court, Kallakuruchi and the respondent
may be directed to withdraw the same and the complainant has no
objection to acquit the accused from the charge.
4.I have considered the matter in the light of the submissions made
by both the parties.
5.On perusal of the records, it is noticed that the respondent filed a
complaint against the petitioner in C.C.No.2 of 2017 for the offence under
Section 138 N.I.Act before the trial Court. The trial Court found guilty of
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1499 of 2022
the accused and convicted and sentenced to undergo one year rigorous
imprisonment and to pay a cheque amount of Rs.9,00,000/- as
compensation within three months, in default, to undergo two months
simple imprisonment. Aggrieved against the conviction and sentence, the
petitioner filed an appeal in C.A.No.43 of 2021 before the III Additional
District and Sessions Judge, Kallakuruchi and the learned III Additional
District and Sessions Judge has confirmed the judgment of the trial Court,
against which, the present criminal revision case has been filed. At this
stage, the parties settled their dispute out of the Court and compound the
offence between them. In this regard, they filed a joint compromise memo
dated 22.11.2022 and the same is recorded. Further, it is noticed that the
accused had deposited a sum of Rs.1,80,000/- before the trial Court in
C.C.No.2 of 2017 and he had no objection to withdraw that amount by the
complainant without notice before the trial Court.
7.Considering the submissions of the parties and the joint
compromise, the criminal revision case is allowed and the
petitioner/accused is acquitted from the charge and the
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1499 of 2022
respondent/complainant is permitted to withdraw the amount of
Rs.1,80,000/- deposited before the trial Court in C.C.No.2 of 2017 without
notice to the accused. The Joint compromise memo dated 22.11.2022 shall
form part of this order. Consequently, connected miscellaneous petitions
are closed.
Index : Yes/No 20.03.2023
Internet : Yes/No
sms
To
1.The III Additional District and Sessions Judge,
Kallakuruchi.
2.The learned Judicial Magistrate,
Fast Track Court, Kallakuruchi.
3.The Public Prosecutor,
High Court, Madras.
V.SIVAGNANAM ,J.
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1499 of 2022
sms
Crl.R.C.No.1499 of 2022
and
Crl.M.P.Nos.17268, 17272
& 18090 of 2022
20.03.2023
https://www.mhc.tn.gov.in/judis
