Madras High Court
P.Gopinath vs N.Thirumurugan on 24 October, 2024
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.R.C.No.1817 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.10.2024
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.R.C.No.1817 of 2024
and
Crl.M.P.Nos.14937 & 14938 of 2024
P.Gopinath
S/o.Padmaraj ... Petitioner/Accused
Versus
N.Thirumurugan
S/o.P.Nachimuthu ...Respondent/complainant
PRAYER: Criminal Revision Case filed under Sections 397 r/w 401 of the
Code of Criminal Procedure to call for the records relating to the judgment
passed by II Additional District and Sessions Judge, Erode District in
Crl.A.No.339 of 2018 dated 15.04.2024, dismissing the appeal and
confirming the order of the Judicial Magistrate No.1, Fast Track Court, Erode
dated 09.10.2018 in S.T.C.No.416 of 2017 under Section 138 of the
Negotiable Instruments Act and set aside the same and allow the revision.
For Petitioner : Mr.B.Aravinthan
For Respondent : Mr.G.Muralidharan
for Mr.K.Sakthivel
*****
1/8
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1817 of 2024
ORDER
The petitioner, who is an accused in a private complaint filed by
the respondent/complainant in S.T.C.No.416 of 2017 on the file of the
Judicial Magistrate (Fast Track Court No.I), Erode, was convicted for the
offence under Section 138 of the Negotiable Instruments Act, 1881 and
sentenced to undergo simple imprisonment for a period of six months and to
pay a fine of Rs.6,00,000/- as compensation, in default, to undergo simple
imprisonment for a period of two months. Aggrieved by the same, the
petitioner preferred an appeal in Crl.A.No.339 of 2018 on the file of the II
Additional District and Sessions Court, Erode. The first appellate Court, by
judgment dated 15.04.2024, dismissed the appeal, confirming the conviction
and sentence passed by the trial Court. Challenging the same, the present
revision has been filed by the accused.
2. The petitioner was remanded to judicial custody on execution of
the conviction warrant and he is now confined in Central Prison, Coimbatore
https://www.mhc.tn.gov.in/judis
from 05.08.2024.
3. The case of the respondent/complainant is that the
petitioner/accused had approached the respondent and borrowed a sum of
Rs.6,00,000/- on 09.04.2017 and promised to re-pay the same within a month
and to discharge the said liability, and the accused has issued post-dated
cheque for a sum of Rs.6,00,000/-, dated 12.05.2017, which cheque was
presented for collection, the same dis-honoured. Following the statutory
provisions, the respondent/complainant filed a private complaint before the
Court below.
4. During trial, the respondent/complainant examined himself as
P.W.1 and marked Exs.P1 to P11. On the side of petitioner/accused two
witnesses were examined as D.W.1 and D.W.2 and marked Exs.D1 to D3.
5. The primary defence raised by the petitioner/accused is that the
petitioner has got no source of income to extend such huge amount of
https://www.mhc.tn.gov.in/judis
Rs.6,00,000/- as loan. The petitioner is running a Auto Consulting Agency
viz., Om Muruga Auto Consulting and he is financing for purchase of two
wheelers. In the year 2016, the petitioner arranged loan for two persons from
Erode. Since they have not repaid the said amount, one Kottai Ramu
intimidated the petitioner and received two blank cheques, with signature.
Hence, there is no transaction or liability between the petitioner and the
complainant.
6. Learned counsel for the respondent/complainant submitted that
the above contention of the petitioner had not been made before the both the
Courts below. He further submitted that the petitioner has not denied his
signature in the cheques, which were dishonoured.
7. Be that as it may. After execution of conviction warrant, the
petitioner’s wife and mother approached the respondent/complainant and
pleaded to show some leniency and also pleaded that they have presently
mobilised a sum Rs.1,50,000/- and pleaded for withdrawal of the case.
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Considering the plea of the petitioner’s wife and mother, the
respondent/complainant agreed to receive a sum of Rs.1,50,000/- in lieu of
the cheque for a sum of Rs.6,00,000/- and also agreed to compound the
offence. He further submitted that the petitioner filed a petition under
Section 147 of the Negotiable Instruments Act, 1881 in Crl.M.P.14938 of
2024 to compound the offence.
8. Today, when the matter is taken up for hearing, the
respondent/complainant appeared before this Court and reiterates the
averments made in the affidavit dated 21.10.2024 filed in this revision, to
compound the offence and has stated that he has no objection to withdraw
the case against the petitioner/accused. The respondent has also affirmed the
receipt of Rs.1,50,000/- from the petitioner.
9. The petitioner/accused filed the compounding petition before
this Court in Crl.M.P.No.14938 of 2024 in this Revision Petition, invoking
Section 147 of the Negotiable Instruments Act, 1881 to compound the
https://www.mhc.tn.gov.in/judis
offence and the same is ordered.
10. In view of the above development and in the interest of both the
parties, no useful purpose would be served in keeping this Revision petition
pending, since it will affect their future life, and hence, this Court is inclined
to compound the offence alleged in this case.
11.In the result, the case between the petitioner and the respondent
is compounded. Hence, the judgment passed by learned II Additional
District and Sessions Judge, Erode District in Crl.A.No.339 of 2018 dated
15.04.2024, confirming the order of the Judicial Magistrate No.1, Fast Track
Court, Erode dated 09.10.2018 in S.T.C.No.416 of 2017, are set aside. The
petitioner/accused is acquitted of all the charges levelled against him.
Accordingly, this Criminal Revision Case stands allowed. Consequently,
connected Crl.M.P.No.14937 of 2024 is closed.
https://www.mhc.tn.gov.in/judis
12. The Superintendent, Central Prison, Coimbatore shall release
the petitioner/accused forthwith, if he is not required in connection with any
other case.
24.10.2024
Internet : Yes/No
Neutral Citation : Yes/No
Speaking order/Non-speaking order
ms
Note : Issue Order copy on 25.10.2024.
To
1. The II Additional District and Sessions Judge,
Erode District.
2. The Judicial Magistrate No.1,
Fast Track Court, Erode.
3. The Superintendent,
Central Prison,
Coimbatore.
https://www.mhc.tn.gov.in/judis
M.NIRMAL KUMAR, J.
ms
and
Crl.M.P.Nos.14937 & 14938 of 2024
24.10.2024
https://www.mhc.tn.gov.in/judis
