Madras High Court
M/S.Sakthi Drives vs M/S.Maxx Equipments Company on 25 September, 2024
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.R.C.Nos.309 and 310 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.09.2024
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.R.C.Nos.309 and 310 of 2021 and
Crl.M.P.Nos.13533 and 13534 of 2024
1. M/s.Sakthi Drives,
Represented by its Partner P.G.Senthil,
No.4A, ESR Pearl Apartments,
121, Shivaram Nagar,
Ramanathapuram,
Coimbatore - 641 045.
2. P.G.Senthil,
S/o.Gopalsamy,
Partner of M/s.Sakthi Drives,
No.4A, ESR Pearl Apartments,
121, Shivaram Nagar,
Ramanathapuram,
Coimbatore - 641 045. ... Petitioners
in both Crl.RCs
Vs.
M/s.Maxx Equipments Company,
Represented by its Managing Director D.Kannan,
No.2, Bango Road,
Kavundampalayam,
Coimbatore - 641 030. ... Respondent
in both Crl.RCs
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Crl.R.C.Nos.309 and 310 of 2021
COMMON PRAYER: Criminal Revision Cases filed under Section 397 &
401 of Cr.P.C to set aside the conviction and sentence imposed in the
judgment dated 11.03.2021 made in C.A.Nos.228 and 227 of 2017 on the
file of the IV Additional District and Sessions Judge, Coimbatore confirming
the conviction and sentence and to pay the compensation amount imposed in
judgment dated 10.07.2017 made in C.C.Nos.30 and 29 of 2014 on the file
of the Judicial Magistrate-II, Fast Track Court at Coimbatore, by allowing
the above criminal revision petitions.
For Petitioners
in both Crl.RCs : Mr.T.Balaji
For Respondent
in both Crl.RCs : Mr.V.R.Rajasekaran
COMMON ORDER
These petitions have been filed seeking to set aside the judgment
in C.A.Nos.228 and 227 of 2017 on the file of IV Additional District and
Sessions Judge, Coimbatore dated 11.03.2021 confirming the conviction and
sentence passed in C.C.Nos.30 and 29 of 2014 dated 10.07.2017 on the file
of Judicial Magistrate-II, Fast Track Court at Coimbatore,
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Crl.R.C.Nos.309 and 310 of 2021
2. The petitioners are the accused in C.C.Nos.30 and 29 of 2014 in
a private complaint filed by the respondent / complainant under Sections 138
and 141 of the Negotiable Instruments Act. The trial Court, by judgment
dated 10.07.2017, convicted the first petitioner Firm under Sections 138 and
141 of NI Act and to pay the cheque amount as compensation within one
month. In default to pay the compensation, the second petitioner who is the
signatory of the cheque, is liable to undergo six months simple
imprisonment. The second accused is also convicted under Section 138 of
NI Act and sentenced him to undergo one year simple imprisonment.
Aggrieved against the said judgment, the petitioners preferred an appeal in
C.A.Nos.228 and 227 of 2017 before the learned IV Additional District and
Sessions Judge, Coimbatore. The learned Judge, by judgement dated
11.03.2021, dismissed the appeals confirming the conviction and sentence of
the trial Court, against which, the present revisions have been filed.
3. Today, the petitioners as well as respondent and their respective
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Crl.R.C.Nos.309 and 310 of 2021
counsel are present. Both the petitioners and respondent confirmed the
compromise entered between them and the respondent / complainant
reiterated the compounding of the offence. The learned counsel for
petitioners filed compounding petitions before this Court in
Crl.M.P.Nos.13533 and 13534 of 2024 in Crl.R.C.Nos.309 and 310 of 2021
invoking Section 147 of the Negotiable Instruments Act, 1881 to compound
the offence, along with Joint Compromise Memo, signed by the second
petitioner on behalf of the first petitioner, respondent and their respective
counsel and the said petitions are ordered.
4. In the result, the case between the petitioners and the respondent
is compounded. Hence, the judgment, dated 10.07.2017 in C.C.Nos.30 and
29 of 2014, passed by the Judicial Magistrate-II, Fast Track Court at
Coimbatore, and the judgment dated 11.03.2021 in C.A.Nos.228 and 227 of
2017 passed by the learned IV Additional District and Sessions Judge,
Coimbatore are set aside and the Criminal Revision Cases are, accordingly,
allowed. The petitioners are acquitted of the charges under Sections 138 and
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Crl.R.C.Nos.309 and 310 of 2021
141 of the Negotiable Instruments Act.
25.09.2024
NCC: Yes / No
Index : Yes / No
Speaking Order : Yes / No
vji
To
1. The IV Additional District and Sessions Judge,
Coimbatore.
2. The Judicial Magistrate-II, Fast Track Court,
Coimbatore
3. The Additional Public Prosecutor,
Madras High Court.
4. The Managing Director,
M/s.Maxx Equipments Company,
No.2, Bango Road,
Kavundampalayam,
Coimbatore - 641 030.
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https://www.mhc.tn.gov.in/judis
Crl.R.C.Nos.309 and 310 of 2021
M.NIRMAL KUMAR, J.
vji
Crl.R.C.Nos.309 and 310 of 2021
25.09.2024
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