Madras High Court
P.Prabakaran vs P.Udayakumar on 29 October, 2024
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.R.C.No.519 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.519 of 2024
and Crl.M.P.No.15267 of 2024
P.Prabakaran ... Petitioner
Vs.
P.Udayakumar ... Respondent
PRAYER: Criminal Revision Petition filed under Section 397 r/w. 401 of
Cr.P.C. to set aside the judgment dated 08.12.2021 passed by the Sessions
Judge, Special Court for SC/ST (POA) Act, Namakkal, Namakkal District in
C.A.No.15 of 2021 confirming the conviction and sentence imposed by the
Judicial Magistrate No.I, Namakkal in C.C.No.94 of 2018 by judgment
dated 10.12.2020.
For Petitioner : Mr.B.Vasudevan
For Respondent : M/s.S.Mounika
ORDER
The petitioner was convicted by judgment, dated 10.12.2020 in
C.C.No.94 of 2018, by the learned Judicial Magistrate No.I, Namakkal, for
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offence under Section 138 of the Negotiable Instruments Act and sentenced
to undergo two years Simple Imprisonment and to pay a compensation of
Rs.60,00,000/- to the respondent within one month, in default, to undergo
one month simple imprisonment. Aggrieved over the judgment of the trial
Court, an appeal was preferred by the petitioner before the learned Sessions
Judge, Special Court for SC/ST (POA) Act, Namakkal, Namakkal
District/lower appellate Court in C.A.No.15 of 2021. The learned Sessions
Judge by judgment dated 08.12.2021 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 borrowed Rs.54,00,000/-
from the respondent for construction of his Brahma College. Thereafter, the
petitioner did not repaid the amount. Hence, in the presence of Village
elders, a compromise was entered upon between the petitioner and the
respondent, in which, the petitioner agreed to pay Rs.60,00,000/- to the
respondent for the amount borrowed along with interest on or before
31.08.2017. The petitioner also issued three cheques for Rs.60,00,000/- to
the respondent. When the cheques were presented for encashment, the same
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was returned for the reason 'Funds Insufficient'. After following the
statutory conditions, complaint was filed by the respondent.
3.During trial, the respondent examined himself as P.W.1 and marked
Ex.P1 to Ex.P11. 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 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.15267 of 2024 in Crl.R.C.No.519 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 10.12.2020 in C.C.No.94 of
2018, passed by the learned Judicial Magistrate No.I, Namakkal and the
judgment dated 08.12.2021 passed by the learned Sessions Judge, Special
Court for SC/ST (POA) Act, Namakkal, Namakkal District in C.A.No.15 of
2021 are set aside and the revision is allowed accordingly. The petitioner is
discharged from all charges levelled against him.
29.10.2024
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 No.I,
Namakkal
2.The Sessions Judge,
Special Court for SC/ST (POA) Act,
Namakkal, Namakkal District
https://www.mhc.tn.gov.in/judis
M.NIRMAL KUMAR, J.
cse
29.10.2024
https://www.mhc.tn.gov.in/judis
