Madras High Court
Muruganantham vs Ramamoorthy on 15 April, 2025
Crl.R.C.(MD)No.192 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.04.2025
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
Crl.R.C.(MD)No.192 of 2025
and
Crl.M.P.(MD)No.5007 of 2025
Muruganantham ... Petitioner
Vs.
Ramamoorthy ... Respondent
PRAYER : Criminal Revision Case filed under Section 438 r/w 442
B.N.S.S., to call for records and set aside the judgment dated 10.01.2025
made in Crl.A.No.45 of 2022 on the file of learned III Additional District
and Sessions Judge, Thanjavur @ Pattukkottai, confirming the judgment
dated 27.06.2022 in S.T.C.No.16 of 2020 on the file of the learned
Judicial Magistrate Court (FTC), Pattukkottai and allow the criminal
revision.
For Petitioner : Mr.A.Arun Prasad
For Respondent : Mr.S.Prabhu
1/6
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Crl.R.C.(MD)No.192 of 2025
ORDER
The Criminal Revision is directed against the Judgment of
conviction and sentence passed in Crl.A.No.45 of 2022, dated
10.01.2025 on the file of the III Additional District and Sessions Court,
Thanjavur @ Pattukkottai, confirming the Judgment of conviction and
sentence, dated 27.06.2022 passed in S.T.C.No.16 of 2020 on the file of
the Judicial Magistrate (Fast Track Court), 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 one year simple imprisonment
and to pay compensation of Rs.7,00,000/-, in default, to undergo three
months simple imprisonment vide judgment dated 27.06.2022 in
S.T.C.No.16 of 2020, that aggrieved by the said order, the petitioner has
preferred an appeal in Crl.A.No.45 of 2022 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 19.03.2025,
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 27.03.2025 along with receipt to show that the petitioner has
deposited Rs.30,000/- (Rupees Thirty Thousand only) being 5% of the
agreed amount of Rs.6,00,000/- (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 petitioner/
accused is present before this Court and the respondent/complainant
appeared through Video Conferencing.
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.6,00,000/- (Rupees Six Lakhs only)
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to the respondent and the respondent has also received the same.
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.5007 of 2025 is ordered. No costs.
15.04.2025
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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K.MURALI SHANKAR,J.
csm
Order made in
and
Dated: 15.04.2025
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