Madras High Court
Santhoshkumar vs P.Mani on 24 November, 2023
Author: M. Nirmal Kumar
Bench: M. Nirmal Kumar
Crl.R.C.No.1679 of 2023 &
Crl.M.P.Nos.15934, 15936 & 18671 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.11.2023
CORAM:
THE HON'BLE MR.JUSTICE M. NIRMAL KUMAR
Crl.R.C.No.1679 of 2023 &
Crl.M.P.Nos.15934, 15936 & 18671 of 2023
Santhoshkumar ... Petitioner
Vs.
P.Mani ... Respondent
PRAYER: Criminal Revision filed under Section 397 r/w 401 of Cr.P.C to
set aside the order dated 27.07.2023 passed by the learned Additional
District Judge (Fast Track Court), Mettur in Crl.A.No.110 of 2022
confirming the judgment dated 07.11.2022 passed by the learned Judicial
Magistrate Court No.1, Mettur in C.C.No.168 of 2017.
For Petitioner : Mr.T.Balaji
For Respondent : Mr.R.Gokul
ORDER
This petition has been filed to set aside the order dated 27.07.2023
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1679 of 2023 &
Crl.M.P.Nos.15934, 15936 & 18671 of 2023
passed by the learned Additional District Judge (Fast Track Court), Mettur
in Crl.A.No.110 of 2022 confirming the judgment dated 07.11.2022 passed
by the learned Judicial Magistrate Court No.1, Mettur in C.C.No.168 of
2017.
2. The petitioner who is the accused in C.C.No.168 of 2017 in a
private complaint filed under section 138 of the Negotiable Instrument Act,
was convicted by the trial court by judgment dated 07.11.2022 and
sentenced to undergo one year S.I. and to pay a sum of Rs.15,00,000/- as
compensation to the complainant/the respondent herein within 30 days, in
default to undergo three months S.I. Aggrieved against the same, the
petitioner filed an appeal before the learned Additional District Judge,
Mettur in Crl.A.No.110 of 2022. The learned Additional District Judge,
Mettur by judgment dated 27.07.2023 dismissed the appeal confirming the
conviction and sentence of the trial, against which the present revision.
3. The gist of the complaint is that the petitioner/accused and the
respondent/complainant are family friends. On 19.02.2017, the
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1679 of 2023 &
Crl.M.P.Nos.15934, 15936 & 18671 of 2023
petitioner/accused borrowed a sum of Rs.15,00,000/- from the
respondent/complainant to meet his urgent family expenses and agreed to
repay the same within a period of three months and also issued a post-dated
cheque bearing No.871199 for a sum of Rs.15,00,000/- dated 15.07.2017
drawn from ICICI Bank, Erode Branch. Believing the words of the
petitioner/accused, the respondent/complainant presented the cheque for
clearance which was returned for the reason “funds insufficient”. The
complainant issued a legal notice on 22.05.2017. On receiving the notice,
the petitioner/accused gave a reply with false allegations and did not make
the payment. Hence, the petitioner lodged the private complaint in
C.C.No.168 of 2017. On conclusion of trial, the trial court convicted the
petitioner/accused and sentenced him as stated above. Aggrieved by the
same, the petitioner/accused preferred an appeal in Crl.A.No.110 of 2022,
wherein the lower appellate court dismissed the appeal by confirming the
conviction and sentence of the trial court., against which the present
revision.
4. During the pendency of this revision, the petitioner/accused and the
respondent/complainant arrived at a compromise and entered into a
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1679 of 2023 &
Crl.M.P.Nos.15934, 15936 & 18671 of 2023
settlement agreement on 19.10.2023 whereby the petitioner paid a sum of
Rs.10,00,000/- as full and final settlement to the respondent/complainant by
way of cash which is acknowledged the respondent/complainant. In the
settlement agreement, the respondent/complainant has also agreed that the
petitioner/accused is entitled to receive Rs.3,00,000/- which is deposited by
the petitioner/accused and lying to the credit of C.C.No.168 of 2017 without
any further notice to the respondent/complainant. Thereafter the petitioner
filed a petition in Crl.M.P.No.18671 of 2023 under section 147 of
Negotiable Instruments Act to compound the offence along with a Joint
Compromise Memo dated 05.11.2023 before this Court.
5. Learned counsel for the respondent/complainant has got no
objection for the case to be compounded.
6. Accordingly, Crl.M.P.No.18671 of 2023 is ordered. In view of the
order passed in Crl.M.P.No.18671 of 2023, this Court is inclined to
compound the offence. The judgment dated 27.07.2023 passed in
Crl.A.No.110 of 2022 by the learned Additional District Judge (Fast Track
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1679 of 2023 &
Crl.M.P.Nos.15934, 15936 & 18671 of 2023
Court), Mettur and the judgment dated 07.11.2022 passed in C.C.No.168 of
2017 by the learned Judicial Magistrate Court No.1, Mettur are hereby set
aside. The petitioner/accused is acquitted from all charges. In view of the no
objection by the respondent/complainant for the petitioner/accused to receive
the deposited amount. The trial court is directed to handover to the petitioner
the amount of Rs.3,00,000/- lying to the credit of C.C.No.168 of 2017
without any further notice to the respondent/complainant.
7. In view of the above, this Criminal Revision Case is allowed.
Consequently, connected miscellaneous petitions are closed.
24.11.2023
nl
Index : Yes/No
Speaking order/Non speaking order
Neutral Citations : Yes/No
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1679 of 2023 &
Crl.M.P.Nos.15934, 15936 & 18671 of 2023
To
1.The Additional District Judge (Fast Track Court), Mettur
2.The Judicial Magistrate Court No.1, Mettur
3.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1679 of 2023 &
Crl.M.P.Nos.15934, 15936 & 18671 of 2023
M. NIRMAL KUMAR, J.
nl
24.11.2023
https://www.mhc.tn.gov.in/judis
