Madras High Court
S.Srinivasan vs M.Ezhil Arasan on 29 October, 2024
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.R.C.No.1832 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.10.2024
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.R.C.No.1832 of 2024
and Crl.M.P.Nos.15055, 15056 & 15268 of 2024
S.Srinivasan ... Petitioner
Vs.
M.Ezhil Arasan ... Respondent
PRAYER: Criminal Revision Petition filed under Section 397 r/w. 401 of
Cr.P.C. to set aside the judgment of conviction passed against the revision
petitioner by the II Additional City Civil Court, Chennai in C.A.No.64 of
2018 dated 26.04.2024 confirming the judgment of learned IV Fast Track
Court Judge, Metropolitan Magistrate Court, Chennai dated 23.01.2018 in
C.C.No.1229 of 2013.
For Petitioner : Mr.J.Suresh
For Respondent : Mr.G.Nithiyakumar
ORDER
The petitioner was convicted by judgment, dated 23.01.2018 in
C.C.No.1229 of 2013, by the learned Metropolitan Magistrate, Fast Track
Court No.IV, George Town, Chennai, for offence under Section 138 of the
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Negotiable Instruments Act and sentenced to undergo six months Simple
Imprisonment and to pay a compensation of Rs.16,00,000/- to the
respondent within one month, in default, to undergo two months simple
imprisonment. Aggrieved over the judgment of the trial Court, an appeal
was preferred by the petitioner before the learned II Additional Sessions
Judge, City Civil Court, Chennai/lower appellate Court in C.A.No.64 of
2018. The learned Sessions Judge by judgment dated 26.04.2024 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 respondent
and borrowed a sum of Rs.16,00,000/- to improve his business. In
discharge of the said liability, the petitioner issued four cheques drawn from
Indian Bank, Saidapet Branch. When the cheques were presented for
encashment, the same was returned for the reason 'Funds Insufficient'. After
following the statutory conditions, complaint was filed by the respondent.
3.During trial, P.W.1 examined and Ex.P1 to Ex.P10 marked on the
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side of the respondent/complainant. On the side of the petitioner, D.W.1
examined and Ex.D1 and Ex.D2 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 respondent got resolved. Hence, prayed for
allowing the appeal and discharging the petitioner from the above case.
5.Today, the petitioner and the respondent appeared before this Court.
Both the parties confirmed that the issue between the petitioner and the
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.15268 of 2024 in Crl.R.C.No.1832 of 2024
invoking Section 147 of the Negotiable Instruments Act, 1881 to compound
the offence and the same is ordered.
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7.In the result, the case between the petitioner and the respondent is
compounded. Hence, the judgment, dated 23.01.2018 in C.C.No.1229 of
2013, passed by the learned Metropolitan Magistrate, Fast Track Court
No.IV, George Town, Chennai and the judgment dated 26.04.2024 passed
by the learned II Additional Sessions Judge, City Civil Court, Chennai in
C.A.No.64 of 2018 are set aside and the revision is allowed accordingly.
The petitioner is discharged from all charges levelled against him.
Consequently, connected miscellaneous petitions are closed.
29.10.2024
Index:Yes/No
Speaking Order/Non-Speaking Order
Neutral Citation: Yes/No
cse
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To
1.The Metropolitan Magistrate,
Fast Track Court No.IV,
George Town, Chennai
2.The II Additional Sessions Judge,
City Civil Court,
Chennai.
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M.NIRMAL KUMAR, J.
cse
29.10.2024
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