Madras High Court
Sabarinathan vs Nagasundaram on 4 April, 2025
Crl.R.C.(MD)No.290 of 2025
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.290 of 2025
and
Crl.M.P.(MD)Nos.2948, 2950 and 4243 of 2025
Sabarinathan ... Petitioner
Vs.
Nagasundaram ... Respondent
PRAYER : Criminal Revision Case filed under Section 438 and 442
B.N.S.S., to call for the records pertaining to the order passed by the
learned Principal District and Sessions Court, Ramanathapuram in
Crl.A.No.38 of 2023 dated 08.04.2024 by confirming the order of
conviction sentence passed by the learned Judicial Magistrate,
Rameshwaram, Ramanathapuram District in S.T.C.No.111 of 2019 dated
01.06.2023 and set aside the same as illegal.
For Petitioner : Mr.M.Ramkumar
For Respondent : Mr.D.Balamurugapandi
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Crl.R.C.(MD)No.290 of 2025
ORDER
The Criminal Revision is directed against the Judgment of
conviction and sentence passed in Crl.A.No.38 of 2023, dated
08.04.2024 on the file of the Principal Sessions Court, Ramanathapuram,
confirming the Judgment of conviction and sentence, dated 01.06.2023
passed in S.T.C.No.111 of 2019 on the file of the District Munsif cum
Judicial Magistrate, Rameshwaram.
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 three months simple
imprisonment and to pay compensation of Rs.2,50,000/-, in default, to
undergo two months simple imprisonment vide judgment dated
01.06.2023 in S.T.C.No.111 of 2019, that aggrieved by the said order,
the petitioner has preferred an appeal in Crl.A.No.38 of 2023 on the file
of the Principal Sessions Court, Ramanathapuram 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 06.03.2025,
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 filed a
memo dated 24.03.2025 along with the receipt to show that the petitioner
has deposited Rs.12,500/- (Rupees Twelve Thousand and Five Hundred
only) being 5% of the settled amount of Rs.2,50,000/- (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 handed over Rs.2,50,000/- (Rupees Two
Lakhs and Fifty Thousand only) to the respondent.
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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 him.
Consequently, Crl.M.P.(MD)No.4243 of 2025 is ordered and Crl.M.P.
(MD)Nos.2948 and 2950 of 2025 are closed. No costs.
04.04.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
csm
To
1.The Principal Sessions Judge,
Ramanathapuram.
2.The District Munsif cum Judicial Magistrate,
Rameshwaram.
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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
Crl.M.P.(MD)Nos.2948, 2950 and 4243 of 2025
Dated: 04.04.2025
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