N.Kanagalakshmi vs R.Indira
2023 Latest Caselaw 15167 Mad

Madras High Court

N.Kanagalakshmi vs R.Indira on 28 November, 2023

Author: G.Jayachandran

Bench: G.Jayachandran

                                                                            Crl.O.P. No.20202 of 2023



                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    Dated : 28.11.2023

                                                         CORAM :

                                  THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN

                                                 Crl.O.P No.20202 of 2023

                     N.Kanagalakshmi
                                                                                       .. Petitioner

                                                            Vs.
                     R.Indira
                                                                                     ..Respondent

                     PRAYER : Criminal Original Petition has been filed under Section 482
                     of Cr.P.C, to set aside the returned Docket Order in S.R.No.3419 of 2023
                     on the file of the District and Sessions Judge, Chengalpattu.

                                       For Petitioner       : Mr.R.Divya Priya
                                       For Respondent       : Mr.M.Suresh
                                                        ORDER

The present petition under Section 482 Cr.P.C is filed by the

accused in S.T.C. No.6750 of 2015, who was convicted for offence under

Section 138 of the Negotiable Instruments Act, 1881 vide Judgment dated

13.06.2023, sentenced to undergo 11 months Simple Imprisonment and

directed to pay compensation of Rs.8,96,000/-. On the date of

https://www.mhc.tn.gov.in/judis

judgement, the petitioner was not present, hence, NBW was issued to

secure the petitioner.

2. Challenging the order, the petitioner has preferred Criminal

Appeal before the Court of Sessions at Chengalpet, on the ground that the

parties have arrived at settlement and therefore, the case has to be

compounded. However, the trial Court has not entertained the Appeal

since there was certain defects in the Appeal paper. Challenging the

docket order returning the Criminal Appeal, the present Original Petition

is filed.

3. However, the learned counsel for the petitioner canvass for

compounding the offence, since the parties have arrived at settlement and

the entire compensation amount mentioned in the impugned order been

paid to the complainant. The complainant/respondent herein is present in

person today and also represented by the learned counsel that the

payment of compensation amount of Rs.8,96,000/- is received by the

defacto complainant and acknowledged by the respondent/complainant.

4. In the light of the above fact, the order of the trial Court in S.T.C.

No.6750 of 2015 dated 13.06.2023 is modified as compounded and

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compensation amount of Rs.8,96,000/- duly paid to the

respondent/complainant, hence, NBW issued by the trial Court on the

date of judgment on 13.06.2023 is hereby recalled and this Criminal

Original Petition is allowed.

28.11.2023

Internet : Yes/No Index: Yes/No rkp To

1.The District and Sessions Judge, Chengalpattu.

2.The Judicial Magistrate-1, Tambaram.

https://www.mhc.tn.gov.in/judis

Dr.G.JAYACHANDRAN, J.

rkp

28.11.2023

https://www.mhc.tn.gov.in/judis