Madras High Court
M.Arumugathai vs T.Geetha on 4 September, 2023
Crl.R.C.(MD)No.971 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 04.09.2023
CORAM
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
Crl.R.C(MD)No.971 of 2023
and
Crl.M.P(MD)Nos.12579 and 12582 of 2023
M.Arumugathai ... Petitioner/Appellant/Sole Accused
Vs.
T.Geetha ... Respondent/Respondent/Complainant
PRAYER: Criminal Revision Petition has been filed under Section 397 r/w 401
of Cr.P.C., to call for the records relating to the judgment made in C.A.No.85 of
2018 dated 15.11.2022 by the learned Principal District and Sessions Judge,
Virudhunagar District at Srivilliputhur, by confirming the judgment passed by
the learned Judicial Magistrate No.I, Sivakasi, Virudhunagar District, in
S.T.C.No.1988 of 2015 dated 18.06.2018 and set aside the same.
For Petitioner : Mr.A.Manikandan
For Respondent : Mr.K.Hariharan
1/8
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD)No.971 of 2023
ORDER
This Criminal Revision Case has been filed against the Judgment dated
15.11.2022 made in C.A.No.85 of 2018 passed by the learned Principal District
and Sessions Judge, Virudhunagar District at Srivilliputhur, by confirming the
judgment passed by the learned Judicial Magistrate No.I, Sivakasi, Virudhunagar
District, in S.T.C.No.1988 of 2015 dated 18.06.2018.
2. The petitioner borrowed a sum of Rs.1,90,000/- from the respondent on
16.07.2015. To discharge the said debt, she issued a cheque, dated 07.09.2015
drawn on the State Bank of India, Sivakasi Branch. The respondent presented the
cheque before his Bank and the same was returned on 21.09.2015 with an
endorsement of “Insufficient Funds”. So, the respondent issued the legal notice
on 30.09.2015. The petitioner received the notice on 01.10.2015 and she did not
make any payment. In such circumstances, the respondent filed a complaint
under Section 138 of the Negotiable Instruments Act, before the learned Judicial
Magistrate No.I, Virudhuangar. The learned Judicial Magistrate taken the
complaint on file in S.T.C.No.1988 of 2015.
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD)No.971 of 2023
3. Thereafter, on receipt of the summons, the petitioner appeared before
the trial Court and contested the case. The learned Trial Judge after following the
procedure, examined PW.1, DW.1& DW2 and perused the documents Ex.A1 &
Ex.A2 and Ex.B1 to Ex.B3 and passed the conviction under Section 138 of
Negotiable Instruments Act, and sentenced her to undergo one year Simple
Imprisonment and also directed to pay compensation of Rs.1,90,000/- (Rupees
one lakh ninety thousand only) vide Judgment dated 18.06.2018.
4. Aggrieved over the same, the petitioner filed the Criminal Appeal in
Crl.A.No.85 of 2018 on the file of the learned Principal District and Sessions
Judge, Virudhunagar at Srivilliputhur District. The learned Sessions Judge also
confirmed the same by order dated 15.11.2022. Hence, the petitioner preferred
this revision before this Court. Pending revision, petitioner was arrested and
confined in Central Prison, Madurai.
5. Heard the learned counsel appearing on either side.
6. When this matter was taken up for hearing on 01.09.2023, this Court
passed the following order:
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD)No.971 of 2023
“The learned counsel for the petitioner submitted
that compromise has been reached between the parties
and settled the issue amicably between them. Today, he
has also handed over the entire cheque amount to the
learned counsel, who is representing the defacto
complainant.
2. He has also acknowledged the same.
3.On the basis of the above acknowledgement,
this Court is inclined to record the compromise and
compound the offence.
4.For passing final order, post this matter on
04.09.2023 in the top of the list.”
7. Today, when the matter is taken up for hearing, both counsel on record
submitted that the matter is now compromised. They further submitted that the
petitioner was arrested on 23.08.2023 and now she is in jail. Hence, they are
unable to file compromise memo before this Court.
8. Today, the respondent/defacto complainant also appeared before this
Court and she affirmed the receipt of cheque amount of Rs.1,90,000/- (Rupees
one lakh ninety thousand only) from her counsel and she has no objection to
compound the offence.
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD)No.971 of 2023
9. Considering the fact that the petitioner is confined in jail and hence, the
learned counsels are unable to file the compromise memo before this Court, this
Court recorded the affirmation statement of the respondent with regard to the
receipt of the cheque amount.
10. In view of the above settlement of cheque amount, the offence under
Section 138 of Negotiable Instruments Act stands compounded under Section
147 of the Negotiable Instruments Act. Accordingly, this Criminal Revision
Petition stands allowed. The impugned judgment made in C.A.No.85 of 2018
dated 15.11.2022 passed by the learned Principal District and Sessions Judge,
Virudhunagar District at Srivilliputhur and the impugned judgment dated
18.06.2018 passed by the learned Judicial Magistrate No.I, Sivakasi,
Virudhunagar District, in S.T.C.No.1988 of 2015 are hereby set aside and the
accused is acquitted from the charges levelled against her. Consequently,
connected miscellaneous petitions are closed.
04.09.2023
NCC : Yes/No
Index : Yes/No
Internet: Yes/No
PJL
Note: Issue order copy on 04.09.2023.
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD)No.971 of 2023
To
1. The Principal District and Sessions Judge,
Virudhunagar at Srivilliputhur District.
2.The Judicial Magistrate No.I,
Virudhunagar District.
3.The Superintendent of Prison,
Central Prison,
Madurai.
4. The Section Officer,
Criminal Records,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD)No.971 of 2023
K.K.RAMAKRISHNAN, J.
PJL
Crl.R.C(MD)No.971 of 2023
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD)No.971 of 2023
04.09.2023
https://www.mhc.tn.gov.in/judis
