Madras High Court
S.Pandiyan vs R.Rajkumar on 25 February, 2025
Crl.R.C.(MD)No.39 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.02.2025
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
Crl.R.C.(MD)No.39 of 2020
and
Crl.M.P.(MD)No.2376 of 2025
S.Pandiyan ... Petitioner
Vs.
R.Rajkumar ... Respondent
PRAYER : Criminal Revision Petition filed under Sections 397 and 401
Cr.P.C., to set aside the order made in Crl.A.No.2 of 2016 on the file of
the Principal District and Sessions Judge, Pudukkottai, dated 16.10.2019
confirming the judgment made in S.T.C.No.977 of 2011 on the file of
Judicial Magistrate, Pudukkottai, dated 07.04.2015 convicting the
petitioner for an offence under Section 138 of Negotiable Instrument act
and sentence to undergo 6 months simple imprisonment.
For Petitioner : Mr.A.V.Rajasekaran
For Respondent : Mr.G.Sridharan
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Crl.R.C.(MD)No.39 of 2020
ORDER
The Criminal Revision is directed against the Judgment of
conviction and sentence passed in C.A.No.02 of 2016, dated 16.10.2019
on the file of the Principal District and Sessions Court, Pudukkottai,
confirming the Judgment of conviction and sentence, dated 07.04.2015
passed in S.T.C.No.977 of 2011 on the file of the Judicial Magistrate
Court, Pudukkottai.
2. When the matter is taken up for hearing today, the petitioner/
sole accused and the respondent/complainant are present before this
Court.
3. The learned counsel appearing for the petitioner has filed a
memo dated 24.02.2025 along with receipt to show that the petitioner has
deposited Rs.15,000/- (Rupees Fifteen Thousand only) being 5% of the
agreed amount before the High Court Legal Services Committee attached
to this Bench and the above said Memo is recorded.
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4. The learned counsel appearing for the petitioner as well as the
respondent would submit that even though the cheque amount is
Rs.7,00,000/-, the respondent had agreed to receive Rs.3,00,000/-
towards final settlement from the petitioner and that while suspending
the sentence, as per the direction of this Court, the petitioner has already
deposited 20% of the cheque amount i.e., Rs.1,40,000/-.
5. The learned counsel appearing for the petitioner has also filed a
compounding petition, wherein, it has been stated that as agreed by both
the parties, the petitioner has paid a sum of Rs.1,60,000/- (Rupees One
Lakh and Sixty Thousand only) to the respondent through Demand Draft
No.814246 dated 07.02.2025.
6. In view of the above, the offence under Section 138 of
Negotiable Instruments Act stands compounded under Section 320(6)
Cr.P.C. 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.2376 of 2025 is ordered. The respondent
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is permitted to withdraw the amount deposited by the petitioner before
the trial Court by giving necessary undertakings. No costs.
25.02.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
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To
1.The Principal District and Sessions Judge,
Pudukkottai.
2.The Judicial Magistrate,
Pudukkottai.
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K.MURALI SHANKAR,J.
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Order made in
and
Dated: 25.02.2025
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