S.Pandiyan vs S.Karuppaiah
2024 Latest Caselaw 18162 Mad

Madras High Court

S.Pandiyan vs S.Karuppaiah on 11 September, 2024

Author: M.Nirmal Kumar

Bench: M.Nirmal Kumar

                                                                               Crl.R.C.No.266 of 2024


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 11.09.2024

                                                       CORAM:

                                  THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                                Crl.R.C.No.266 of 2024
                                                         and
                                               Crl.M.P.No.12608 of 2024

                  S.Pandiyan                                      ... Petitioner/Accused

                                                         Vs.



                  S.Karuppaiah                                    ... Respondent/Complainant

                  PRAYER: Criminal Revision Case has been filed under Sections 397 r/w 401
                  of Cr.P.C., praying to set aside the judgment in C.A.No.72 of 2019 on the file
                  of II Additional District and Sessions Judge, Vellore @ Ranipet dated
                  22.02.2021 confirming the conviction and sentence passed in C.C.No.16 of
                  2018 on the file of Judicial Magistrate, Sholinghur dated 09.07.2019 by
                  allowing the above revision.

                                      For Petitioner        : Mr.S.Kaithamalai Kumaran

                                      For Respondent        : Mr.K.G.Senthilkumar




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                                                                                  Crl.R.C.No.266 of 2024




                                                        ORDER

This petition has been filed seeking to set aside the judgment in

C.A.No.72 of 2019 on the file of II Additional District and Sessions Judge,

Vellore @ Ranipet dated 22.02.2021 confirming the conviction and sentence

passed in C.C.No.16 of 2018 on the file of Judicial Magistrate, Sholinghur

dated 09.07.2019 by allowing the above revision.

2.The petitioner is the accused in C.C.No.16 of 2018 in a private

complaint filed by the respondent/complainant under Section 138 of the

Negotiable Instruments Act. The Trial Court, by judgment dated 09.07.2019,

convicted the petitioner and sentenced him to undergo one year simple

imprisonment and to pay a fine of Rs.1,000/-. Aggrieved against the said

judgment, the petitioner preferred an appeal in C.A.No.72 of 2019 before the

II Additional District and Sessions Judge, Vellore @ Ranipet. The learned

Sessions Judge, by judgement dated 22.02.2021, dismissed the appeal

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confirming the conviction and sentence of the trial Court, against which, the

present revision has been filed.

3.Today, the petitioner as well as respondent and their respective

counsel are present. Both the petitioner and respondent confirmed the

compromise entered between them and the respondent/complainant reiterated

the compounding of the offence. The learned counsel for petitioner filed a

compounding petition before this Court in Crl.M.P.No.12608 of 2024 in

Crl.R.C.No.266 of 2024 invoking Section 147 of the Negotiable Instruments

Act, 1881 to compound the offence, along with affidavit of respondent as

well as petitioner and Joint Compromise Memo field by the respondent,

signed by the petitioner, respondent and their respective counsel and the said

petition is ordered.

4.In the result, the case between the petitioner and the respondent is

compounded. Hence, the judgment, dated 09.07.2019 in C.C.No.16 of 2018,

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passed by the learned Judicial Magistrate, Sholinghur, Vellore District and

the judgment dated 22.02.2021 in C.A.No.72 of 2019 passed by the learned II

Additional District and Sessions Judge, Vellore at Ranipet are set aside and

the revision is, accordingly, allowed. The petitioner is acquitted of the charge

under Section 138 of the Negotiable Instruments Act.

11.09.2024

Index : Yes/No Internet : Yes/No Speaking order / Non-speaking order Neutral citation : Yes/No rsi

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To

1.The Judicial Magistrate, Sholinghur, Vellore District.

2.The II Additional District and Sessions Judge, Vellore at Ranipet.

3.The Public Prosecutor, High Court, Madras.

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M.NIRMAL KUMAR, J.

rsi

and

11.09.2024

https://www.mhc.tn.gov.in/judis