Madras High Court
R.Rajamanikam vs S.Selvaraj on 22 October, 2024
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.R.C.No.1587 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.10.2024
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.R.C.No.1587 of 2024
and Crl.M.P.No.14761 of 2024
R.Rajamanikam ... Petitioner
Vs.
1.S.Selvaraj
2.The State of Tamil Nadu,
Rep. By The Public Prosecutor of,
The Nilgiris District. ... Respondents
PRAYER: Criminal Revision Petition filed under Sections 438 and 442 of
BNSS to set aside the judgment passed by the learned Sessions Judge,
Magalir Neethimandam (FTMC), Udhagamandalam in Crl.A.No.2 of 2021
dated 23.08.2023 confirming the sentence passed in S.T.C.No.953 of 2017
of the learned Judicial Magistrate at Udhagamandalam dated 14.12.2020.
For Petitioner : Mr.R.Gopinath
ORDER
The petitioner was convicted by judgment, dated 14.12.2020 in
S.T..C.No.953 of 2017, by the Judicial Magistrate Court, Udhagamandalam,
https://www.mhc.tn.gov.in/judis
for offence under Section 138 of the Negotiable Instruments Act and
sentenced to undergo three months Simple Imprisonment and to pay the
cheque amount of Rs.2,00,000/- as compensation to the respondent.
Aggrieved over the judgment of the trial Court, an appeal was preferred by
the petitioner before the Sessions Court, Magalir Neethimandram (FTMC),
Udhagamandalam, The Nilgiris/lower appellate Court in C.A.No.2 of 2021.
The learned Sessions Judge by judgment dated 23.08.2023 dismissed the
appeal, confirming the judgment of the trial Court, against which the present
revision.
2.The gist of the case is that the petitioner approached the first
respondent and borrowed a sum of Rs.2,00,000/- based on the friendly
relationship, for his urgent needs. In discharge of the said liability, the
petitioner issued a United Bank of India cheque bearing No.439789 for
Rs.2,00,000/-. When the cheque was presented for encashment, the same
was returned for the reason 'Insufficient Funds'. After following the
statutory conditions, complaint was filed by the first respondent.
https://www.mhc.tn.gov.in/judis
3.During trial, the first respondent examined himself as P.W.1 and
marked Ex.P1 to Ex.P4. On the side of the petitioner, no witness examined
and no documents marked. The trial Court on conclusion of trial found the
petitioner guilty and convicted him as stated above.
4.The learned counsel for the petitioner submits that now the issue
between the petitioner and the first respondent got resolved. He would
submit that the petitioner paid the entire cheque amount of Rs.2,00,000/- to
the first respondent. Hence, prayed for allowing the appeal and discharging
the petitioner from the above case.
5.Today, the petitioner and the first respondent appeared before this
Court through video conferencing. Both the parties confirmed that the issue
between the petitioner and the first respondent amicably resolved and filed
individual affidavit to that effect.
6.The petitioner filed compounding petition along with affidavit
before this Court in Crl.M.P.No.14761 of 2024 in Crl.R.C.No.1587 of 2024
https://www.mhc.tn.gov.in/judis
invoking Section 147 of the Negotiable Instruments Act, 1881 to compound
the offence and the same is ordered.
7.In the result, the case between the petitioner and the respondent is
compounded. Hence, the judgment, dated 14.12.2020 in S.T.C.No.953 of
2017, passed by the learned Judicial Magistrate, Udhagamandalam and the
judgment dated 23.08.2023 passed by the learned Sessions Judge, Magalir
Neethimandram (FTMC), Udhagamandalam in C.A.No.2 of 2021 are set
aside and the revision is allowed accordingly. The petitioner is discharged
from all charges levelled against him.
22.10.2024
Index:Yes/No
Speaking Order/Non-Speaking Order
Neutral Citation: Yes/No
cse
https://www.mhc.tn.gov.in/judis
To
1.The Judicial Magistrate,
Udhagamandalam.
2.The Sessions Judge,
Magalir Neethimandam (FTMC),
Udhagamandalam.
https://www.mhc.tn.gov.in/judis
M.NIRMAL KUMAR, J.
cse
22.10.2024
https://www.mhc.tn.gov.in/judis
