Madras High Court
Chitra vs Arivazhagan on 7 April, 2025
Crl.R.C.(MD)No.429 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.04.2025
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
Crl.R.C.(MD)No.429 of 2025
and
Crl.M.P.(MD)Nos.4368 and 4476 of 2025
Chitra ... Petitioner
Vs.
Arivazhagan ... Respondent
PRAYER : Criminal Revision Case filed under Section 438 r/w 442
B.N.S.S., to call for the records of the judgment dated 11.09.2024 passed
in C.A.No.272 of 2023 on the file of the II Additional District and
Sessions Judge, Thanjavur confirming the judgment passed in S.T.C.No.
14 of 2022 dated 28.02.2023 on the file of the learned Judicial
Magistrate (Fast Track Court), Thanjavur and set aside the same by
allowing this revision petition.
For Petitioner : Mr.R.Maheswaran
For Respondent : Mr.S.Gurumoorthy
ORDER
The Criminal Revision is directed against the Judgment of
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conviction and sentence passed in C.A.No.272 of 2023, dated 11.09.2024
on the file of the II Additional District and Sessions Court, Thanjavur,
confirming the Judgment of conviction and sentence, dated 28.02.2023
passed in S.T.C.No.14 of 2022 on the file of the Judicial Magistrate (Fast
Track Court), Thanjavur.
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 one year simple imprisonment
and to pay compensation of Rs.1,50,000/- vide judgment dated
28.02.2023 in S.T.C.No.14 of 2022, that aggrieved by the said order, the
petitioner has preferred an appeal in Crl.A.No.272 of 2023 on the file of
the II Additional District and Sessions Court, Thanjavur 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.
3. When the matter was taken up for hearing on 01.04.2025,
considering the submissions made by the learned counsel on either side
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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 03.04.2025 along with receipt to show that the petitioner has
deposited Rs.6,000/- (Rupees Six Thousand only) being 5% of the agreed
amount of Rs.1,20,000/- (cheque amount) before the High Court Legal
Services Committee attached to this Bench and the above said Memo is
recorded.
4. When the matter is taken up for hearing today, the respondent/
complainant is present before this Court. The petitioner/accused in in
prison.
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 given a Demand Draft (No.509798 dated
27.03.2025) for Rs.1,20,000/- (Rupees One Lakh and Twenty Thousand
only) through her counsel to the learned counsel appearing for the
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respondent and he has also produced the copy of the Demand Draft,
wherein, the learned counsel appearing for the respondent has made an
endorsement that he received sum of Rs.1,20,000/-.
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.4476 of 2025 is ordered and Crl.M.P.
(MD)No.4368 of 2025 is closed. The petitioner is directed to be released
forthwith, unless her custody is required in connection with any other
case. The respondent is permitted to withdraw the amount that was
deposited by the petitioner before the trial Court. No costs.
07.04.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
csm
Note : Issue order copy today (07.04.2025)
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To
1.The II Additional District and Sessions Judge,
Thanjavur.
2.The Judicial Magistrate (Fast Track Court),
Thanjavur.
3.The Superintendent,
Woman Prison,
Thanjavur.
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K.MURALI SHANKAR,J.
csm
Order made in
and
Crl.M.P.(MD)Nos.4368 and 4476 of 2025
Dated: 07.04.2025
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