Madras High Court
Rajesh vs V.Velliangiri on 21 March, 2023
Crl.RC.No.1452 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.03.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl.R.C.No.1452 of 2017
Rajesh ...Petitioner/Appellant/Accused
.Vs.
V.Velliangiri ... Respondent/Respondent/ Complainant/
Criminal Revision filed under Sections 397 r/w 401 of the Code of Criminal
Procedure, to set aside the judgment in C.A.No.188 of 2016 dated 25.10.2017 on
the file of the I Additional District Sessions Judge, Coimbatore confirming the
sentence imposed in the judgment dated 05.12.2016 in S.T.C.No.229 of 2016, on
the file of Judicial Magistrate No.II, Pollachi.
For Petitioner Ms.Premalatha
for Mr.R.Nalliyappan
For Respondent Mr.C.Veeraraghavan
V.J.Priyadharsana
Government Advocate (Crl.side)
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Page No.1 of 8
Crl.RC.No.1452 of 2017
ORDER
This Criminal Revision Case was filed challenging the judgment and order
passed by the I Additional District and Sessions Judge, Coimbatore in C.A.No.188
of 2016, dt.25.10.2017, dismissing the appeal and confirming the judgment and
order passed by the learned Judicial Magisterial No.II, Pollachi in STC.No.229 of
2016, dt.05.12.2016, convicting the petitioner for offence u/s.138 of the
Negotiable Instruments Act, 1881 and sentencing him to undergo one year simple
imprisonment and also to pay compensation of a sum of Rs.3,00,000/- to the
respondent/complainant, and in default, to undergo six months simple
imprisonment.
2.When the criminal revision case came up for final hearing on 02.03.2023,
this Court passed the following order:
When the matter was taken up for hearing today, it came to light
that the petitioner did not comply with the condition imposed by this
Court while suspending the sentence in Crl.M.P.No.14446 and 14448 of
2017 by an order dated 21.11.2017. The petitioner has also not executed
any bail bond along with sureties. In spite of the same, the petitioner has
managed to freely move around during the pendency of this Criminal
Revision Case.
2. A Non Bailable Warrant is issued to secure the petitioner and
there shall be a direction to the Inspector of Police, Pollachi Town East
Police Station, Coimbatore to secure the petitioner and to produce him
before this Court during the next date of hearing. It is made clear that if
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Crl.RC.No.1452 of 2017
the petitioner brings a sum of Rs.3 lakhs which is the cheque amount,
during the next date of hearing, this Court will record the compromise
between the parties and compound the offence. If the petitioner does not
bring the amount, the earlier order suspending the sentence will be
cancelled / recalled and the petitioner will be sent to jail to undergo the
sentence pending this Criminal Revision Case.
3. Post this case under the caption “for reporting execution of
Non-bailable Warrant” on 09.03.2023.
3.When the matter was thereafter listed on 15.03.2023, this Court passed
the following order:
When the matter was taken up for hearing,
Mr.K.Balasubramanian, Sub Inspector of Police, Town East Police
Station, Pollachi Sub-Division, Coimbatore District (Mobile
No.9942299654), is present before this Court.
2.Pursuant to the earlier order passed by this Court on
02.03.2023, the petitioner was produced before this Court after
execution of the non-bailable warrant.
3.The learned Government Advocate (Criminal Side) submitted
that nearly four teams had to be formed in order to secure the petitioner
and with very great difficulty, the petitioner was secured and brought
before this Court.
4.The learned counsel for the petitioner submitted that he has
already informed the petitioner about the order passed by this Court on
02.03.2023 and that some more time is required to settle the cheque
amount to the respondent.
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Crl.RC.No.1452 of 2017
5.In the considered view of this Court, the petitioner was
enlarged on bail pending disposal of this Criminal Revision by imposing
conditions. Those conditions were not complied with by the petitioner
and the petitioner did not seek for any modification and petitioner was
moving around freely without complying without any conditions
imposed in the order passed by this Court suspending the sentence
imposed by the Trial Court.
6.Since the petitioner did not comply with the conditions
imposed by this Court when the sentence was suspended, the earlier
order passed by this Court in Crl.M.P.Nos.14446 & 14448 of 2017,
dated 21.11.2017, is hereby recalled.
7.The Sub Inspector of Police, who has brought the petitioner
before this Court shall take the petitioner and confine him at the Sub
Jail, Pollachi for the petitioner to undergo the sentence, pending
disposal of this criminal revision case. As and when the petitioner
arranges for the cheque amount of Rs.3,00,000/- (Rupees Three Lakhs
only), it shall be informed to the learned counsel for the petitioner and
the learned counsel for the petitioner shall make a mention before this
Court after putting the learned counsel for the respondent on notice.
8.Post this criminal revision case under the caption 'Final
Hearing' on 21.03.2023.
4.Pursuant to the above order, the petitioner was confined at Sub Jail,
Pollachi and the case was posted for final hearing today.
5.When the matter was taken up, the learned counsel for the petitioner
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Crl.RC.No.1452 of 2017
submitted that the petitioner is willing to settle the entire compensation amount of
a sum of Rs.3,00,000/- to the respondent and requested for compounding the
offence.
6.The respondent viz.,V.Velliangiri, was present at the time of hearing. The
learned counsel for the respondent on instructions from the respondent, submitted
that the sum of Rs.3,00,000/- has been received from the petitioner and that the
respondent leaves it to this Court to pass further orders in this criminal revision
case.
7.The respondent has also filed an affidavit before this Court and the
relevant portions in the affidavit are extracted hereunder:
4.I State that in the mean time we are settled the matter out of the
court. I received the entire cheque amount in review amicable settlement
between as I have no other claim against the petitioner herein. I have no
objection for set aside the conversion and sentence imposed on the
petitioner. Hence I prayed this Hon'ble court may be permitted to
compound the offence U/s 138 of N.I.
I therefore prayed that this Hon'ble Court may be pleased to set
aside the conviction and sentence passed against the petitioner by the
Judicial Magistrate No.2 Pollachi in STC No. 229 of 2016 dated
15.12.2016 confirmed by the 1st Additional District sessions judge in I.A.
No. 188 of 2016 dated 01.09.2017 for the offence under section 138 of
Negotiable Instrument Act, the petitioner may be acquittal and thus render
justice.
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Crl.RC.No.1452 of 2017
8.In the light of the above development, this Court is inclined to record the
settlement between the parties and the offence is compounded. As a result, the
judgment and order passed in C.A.No.188 of 2016 dated 25.10.2017, on the file of
the I Additional District Sessions Judge, Coimbatore, confirming the judgment
and order passed in S.T.C.No.229 of 2016, by the learned Judicial Magistrate
No.II, Pollachi, dated 05.12.2016 is hereby set aside.
9.This Criminal Revision Case is disposed of in the above terms. The
petitioner who is now confined at Sub Jail, Pollachi, shall be released forthwith.
21.03.2023
KP
Note: Issue order copy on 21.03.2023.
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
Neutral Citation Case : Yes/No
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Crl.RC.No.1452 of 2017
To
1.The Ist Additional District and Sessions Judge, Coimbatore.
2.The Judicial Magistrate No.II, Pollachi.
3.The Public Prosecutor,
High Court of Madras, Chennai.
4.The Superintendent of Prison,
Sub Jail, Pollachi.
5.The Inspector of Police,
Town East Police Station,
Pollachi Sub-Division,
Coimbatore District.
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Crl.RC.No.1452 of 2017
N. ANAND VENKATESH, J.
kp
Crl.R.C.No.1452 of 2017
21.03.2023
https://www.mhc.tn.gov.in/judis
