Madras High Court
Sebasthiammal vs Sivakumar on 4 April, 2025
Crl.R.C.(MD)No.224 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.04.2025
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
Crl.R.C.(MD)No.224 of 2023
and
Crl.M.P.(MD)No.4586 of 2025
Sebasthiammal ... Petitioner
Vs.
Sivakumar ... Respondent
PRAYER : Criminal Revision Case filed under Section 397(1) r/w 401
Cr.P.C., to call for the records and set aside the judgment 20.12.2022
passed Crl.A.No.155 of 2019 on the file of the learned III Additional
District and Sessions Judge, Thanjavur @ Pattukottai, Thanjavur District
confirming the conviction and sentence imposed upon the petitioner in
S.T.C.No.79 of 2019 on the file of the learned Judicial Magistrate Court
(FTC), Pattukottai, Thanjavur District dated 11.11.2019 and acquit the
petitioner.
For Petitioner : Mr.R.Ilayaraja
For Respondent : Mr.T.Veerakumar
1/6
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Crl.R.C.(MD)No.224 of 2023
ORDER
The Criminal Revision is directed against the Judgment of
conviction and sentence passed in Crl.A.No.155 of 2019, dated
20.12.2022 on the file of the III Additional District and Sessions Court,
Thanjavur @ Pattukkottai, confirming the Judgment of conviction and
sentence, dated 11.11.2019 passed in S.T.C.No.79 of 2019 on the file of
the Fast Track Court (Magisterial Level), Pattukkottai.
2. It is evident from the records that the petitioner has been
convicted for the alleged offence under Section 138 of Negotiable
Instruments Act and sentenced to undergo six months simple
imprisonment and to pay compensation of Rs.3,00,000/-, in default, to
undergo one month simple imprisonment vide judgment dated
11.11.2019 in S.T.C.No.79 of 2019, that aggrieved by the said order, the
petitioner has preferred an appeal in Crl.A.No.155 of 2019 on the file of
the III Additional District and Sessions Court, Thanjavur @ Pattukkottai
and that the learned Sessions Judge confirmed the conviction and
sentence and dismissed the appeal. Challenging the said conviction and
sentence, the present revision came to be filed.
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3. When the matter was taken up for hearing on 21.03.2025,
considering the submissions made by the learned counsel on either side
that the matter has been settled between the parties, this Court directed
the petitioner to deposit 5% of the settled amount before the Legal
Services Authority attached to this Bench. In pursuance of the said
direction, the learned counsel appearing for the petitioner has produced
the receipt to show that the petitioner has deposited Rs.15,000/- (Rupees
Fifteen Thousand only) being 5% of the settled amount of Rs.3,00,000/-
(compensation amount) before the High Court Legal Services Committee
attached to this Bench.
4. When the matter is taken up for hearing today, the petitioner/
accused and the respondent/complainant are present before this Court.
5. The learned counsel appearing for the petitioner has filed a
compounding petition, wherein, it has been stated that as agreed by both
the parties, the petitioner has paid Rs.3,00,000/- (Rupees Three Lakhs
only) to the respondent and the respondent has received the same.
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6. In view of the above, the offence under Section 138 of
Negotiable Instruments Act stands compounded under Section 359(6)
B.N.S.S.. Hence, the Criminal Revision Case stands allowed and the
judgments of the trial Court and the Appellate Court are set aside and the
petitioner is acquitted from the charges levelled against her.
Consequently, Crl.M.P.(MD)No.4586 of 2025 is ordered. No costs.
04.04.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
csm
To
1.The III Additional District and Sessions Judge,
Thanjavur @ Pattukkottai.
2.The Judicial Magistrate (Fast Track Court),
Pattukkottai.
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https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/05/2025 12:53:22 pm )
K.MURALI SHANKAR,J.
csm
Order made in
and
Dated: 04.04.2025
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