Madras High Court
A.Manimaran vs V.Muthukumaran on 30 October, 2024
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.R.C.No.1664 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.10.2024
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.R.C.No.1664 of 2024
and Crl.M.P.No.13818 of 2024
A.Manimaran ... Petitioner
Vs.
V.Muthukumaran ... Respondent
PRAYER: Criminal Revision Petition filed under Sections 397 and 401 of
Criminal Procedure Code, to set aside the judgment dated 11.06.2024
passed by the learned I Additional District and Sessions Judge, Coimbatore
in Crl.A.No.200 of 2023 confirming the judgment 03.06.2023 passed by the
learned Judicial Magistriate, Mettupalayam in S.T.C.No.58 of 2021.
For Petitioner : Mr.A.Suresh Sakthi Murugan
ORDER
The petitioner was convicted by the Trial Court in S.T.C.No.58 of
2021 by judgment dated 03.06.2023 for the offence under Section 138 of
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Negotiable Instruments Act and sentenced to undergo six months simple
imprisonment and to pay a fine of Rs.1,50,000/- as compensation, in default
to undergo one month simple imprisonment. Aggrieved against the same,
the petitioner preferred an appeal in C.A.No.200 of 2023. The Lower
Appellate Court by judgment dated 11.06.2024 dismissed the appeal and
confirmed the conviction and sentence imposed by the Trial Court. Against
which, the present criminal revision petition is filed.
2. It is the contention of the petitioner that during the pendency of the
appeal, the petitioner had deposited a sum of Rs.30,000/- to the credit of
S.T.C.No.58 of 2021 before the Trial Court. Further, during the pendency of
the present revision, the petitioner and the respondent/complainant have
arrived at a compromise and the petitioner had paid a sum of Rs.1,00,000/-
by way of demand draft bearing No.640132, City Union Bank, Sivada
Colony Branch, Coimbatore for the cheque amount of Rs.1,00,000/- and the
same has been handed over the respondent/complainant. Hence, prayed for
compounding of offence.
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3. Today, the petitioner and the respondent both present before this
Court. The respondent/complainant admits the Joint Compromise memo
entered between them to the value of Rs.1,30,000/- from the petitioner and
agreeing to give quietus to the issue. The petitioner has drawn a demand
draft bearing No.640132, City Union Bank, Sivada Colony Branch,
Coimbatore for the cheque amount of Rs.1,00,000/- and given to the
respondent/complainant. This fact has been admitted by both the petitioner
as well as the respondent. Further, the petitioner/accused has already
deposited a sum of Rs.30,000/- to the credit of S.T.C.No.58 of 2021 before
the Trial Court which the respondent can withdraw by filing an appropriate
petition, the petitioner/accused has no objection and has given consent for
the same.
4. The petitioner has filed compounding petition along with affidavits
before this Court in Crl.M.P.No.15359 of 2024 in Crl.R.C.No.1664 of 2024
invoking Section 147 of the Negotiable Instruments Act, 1881 to compound
the offence and the same is ordered.
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5.This Court had an enquiry with both the petitioner and the
respondent. The respondent reaffirmed the compromise entered with the
petitioner, Joint Compromise memo entered between them and the receipt of
Rs.1,00,000/- from the petitioner/accused.
6. In the result, the case between the petitioner and the respondent is
compounded. Hence, the judgment, dated 03.06.2023 in S.T.C.No.58 of
2021, passed by the learned Judicial Magistrate, Mettupalayam and the
judgment dated 11.06.2024 passed by the learned I Additional District and
Sessions Judge, Coimbatore in Crl.A.No.200 of 2023 are set aside and the
revision is, accordingly, allowed. Consequently, connected miscellaneous
petition is closed. The respondent/complainant is permitted to withdraw the
amount of Rs.30,000/- lying in the credit of S.T.C.No.58 of 2021 by filing
an appropriate petition before the Trial Court. Notice to the
petitioner/accused is dispensed with. The petitioner is acquitted of all the
charges levelled against him.
30.10.2024
Neutral Citation: Yes/No
dhk
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To
1.The I Additional District and Sessions Judge
Coimbatore
2.The Judicial Magistrate
Mettupalayam
https://www.mhc.tn.gov.in/judis
M.NIRMAL KUMAR, J.
dhk
30.10.2024
https://www.mhc.tn.gov.in/judis
