Kaniraj vs Madasamy
2023 Latest Caselaw 14024 Mad

                                                                          Crl.R.C.(MD).No.1044 of 2023

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED: 19.10.2023

                                                         CORAM

                                  THE HONOURABLE MR. JUSTICE P.VADAMALAI

                                             Crl.R.C.(MD).No.1044 of 2023


                     Kaniraj                                       ...Petitioner/Accused


                                                            Vs.


                     Madasamy                                      ... Respondent/Complainant


                     PRAYER: This Civil Revision Case is filed under Sections 397 r/w 401 of
                     the Criminal Procedure Code, to call for the records pertaining to the case in
                     C.A.No.80 of 2018, dated 18.08.2023 on the file of the Principal District
                     and Sessions Court, Virudhunagar District at Srivilliputhur, by confirming
                     the judgment passed by the Judicial Magistrate Court No.II, Sattur in
                     C.C.No.78 of 2014, dated 20.06.2018 and set aside the same and to allow
                     this Criminal Revision.


                                    For Petitioner      : Mr.R.Karunanidhi
                                    For Respondent      : Mr.G.Lakshmanan




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https://www.mhc.tn.gov.in/judis
                                                                             Crl.R.C.(MD).No.1044 of 2023

                                                          ORDER

This Criminal Revision Case has been filed to set aside the judgment

in C.A.No.80 of 2018, dated 18.08.2023 on the file of the Principal District

and Sessions Court, Virudhunagar District at Srivilliputhur, confirming the

judgment passed by the Judicial Magistrate Court No.II, Sattur in C.C.No.

78 of 2014, dated 20.06.2018.

2.The case of the complaint is that the petitioner borrowed a sum of

Rs.5,00,000/- on 02.06.2014 and he has promised to repay the amount

within one month and on the same day, the petitioner issued a Cheque

Bearing No.899570 dated 02.07.2014 of Indian Overseas Bank,

Vembakottai Branch. After completion of one month period, the respondent

presented the cheque for collection before the Karur Vysya Bank,

Palayankottai on 04.07.2014 and the same was returned on 05.07.2017 as

''insufficient funds''. So, the respondent sent a legal notice to the petitioner

on 14.07.2014 and the same was returned to the respondent on 23.07.2014

as ''unclaimed''. Therefore, the respondent filed a complaint under Section

138 and 142 of the Negotiable Instruments Act, before the learned Judicial

Magistrate No.II, Sattur. The learned Judicial Magistrate taken the

complaint on file in C.C.No.78 of 2014.

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.1044 of 2023

3.Before the Trial Court, on the side of the prosecution one witness

was examined as PW1 and five documents were marked as Ex.P1 to Ex.P5.

On the side of the accused two witnesses have been examined as D.W.1 and

D.W.2 and two documents were marked as Ex.R1 and Ex.R2.

4.At the conclusion of the trial, the Trial Court found the petitioner

guilty and convicted the petitioner for the offence under Section 138 of

Negotiable Instruments Act, and sentenced him to undergo simple

imprisonment for a period of one year and to pay a compensation of

Rs.5,00,000/- (Rupees Five Lakhs only) to the respondent, in default, to

undergo simple imprisonment for a period of six months vide judgment

dated 20.06.2018.

5. Aggrieved over the same, the petitioner filed the Criminal Appeal

in Crl.A.No.80 of 2018 on the file of the learned Principal District and

Sessions Judge Virudhunagar District at Srivilliputhur. The learned Sessions

Judge also confirmed the same by its judgment dated 18.08.2023. Hence,

the petitioner preferred this revision before this Court.

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.1044 of 2023

6. Heard the learned counsel appearing for the petitioner and the

learned counsel appearing for the respondent.

7. Today, when the matter is taken up for hearing, the learned counsel

appearing for the petitioner and the learned counsel appearing for the

respondent submitted that the matter is now compromised. The petitioner as

well as the respondent are present before this Court and they are identified

by their respective counsel. Both the parties have filed a joint compromise

memo stating that the offence is compoundable one and they settled their

disputes and the respondent has also received a sum of Rs.2,00,000/-

(Rupees Two Lakhs only) by way of Demand Draft No.762447, dated

10.10.2023 as full and final settlement. The contents of the joint

compromise memo are read over and explained to both parties and they

would admit the same. The said compromise memo is recorded.

8. In view of the compromise entered between the parties, the offence

under Section 138 of Negotiable Instruments Act stands compounded under

Section 147 of the Negotiable Instruments Act. Consequently, the Criminal

Revision Case is allowed and the judgments of the trial Court and the

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.1044 of 2023

Appellate Court are set aside and the accused is acquitted from the charges

levelled against them. Bail bond if any, executed by the accused shall stand

discharged.

19.10.2023

NCC : Yes / No Index : Yes / No Internet : Yes / No

vsd

To

1.The Principal District and Sessions Court, Virudhunagar District at Srivilliputhur.

2.The Judicial Magistrate Court No.II, Sattur.

3.The Section Officer, Criminal Records, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.1044 of 2023

P.VADAMALAI, J.

vsd

Crl.R.C.(MD).No.1044 of 2023

19.10.2023

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