Madras High Court
M.Nandhakumar vs V.S.Rajkumar on 25 February, 2025
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.R.C.No.279 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.02.2025
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.R.C.No.279 of 2021
and Crl.M.P.No.3769 of 2025
M.Nandhakumar ... Petitioner
Vs.
V.S.Rajkumar ... Respondents
PRAYER: Criminal Revision Petition filed under Sections 397 and 401 of
Cr.P.C. to set aside the conviction imposed in the judgment dated
03.11.2020 made in C.A.No.40 of 2019 on the file of the III Additional
District and Sessions Court, Erode at Gobichettipalayam confirming the
judgment dated 10.08.2019 made in STC.No.5830 of 2014 on the file of the
learned Judicial Magistrate No.I, Gobichettipayalam.
For Petitioner : Mr.N.Manoharan
For Respondent : Mr.J.Ranjithkumar
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Crl.R.C.No.279 of 2021
ORDER
The petitioner was convicted by judgment, dated 10.08.2019 in
S.T..C.No.5830 of 2014, by the learned Judicial Magistrate No.I,
Gobichettipalayam, for offence under Section 138 of the Negotiable
Instruments Act and sentenced to undergo six months Simple Imprisonment
and to pay the cheque amount of Rs.2,00,000/- as compensation to the
respondent. Aggrieved over the judgment of the trial Court, an appeal was
preferred by the petitioner before the III Additional District and Sessions
Court, Erode at Gobichettipalayam/lower appellate Court in C.A.No.40 of
2019. The learned III Additional District and Sessions Judge, Erode at
Gobichettipalayam by judgment dated 03.11.2020, dismissed the appeal,
confirming the judgment of the trial Court, against which the present
revision.
2.The gist of the case is that the petitioner approached the respondent
and borrowed a sum of Rs.2,00,000/- based on the friendly relationship, for
his urgent needs. In discharge of the said liability, the petitioner issued a
Axis Bank Limited, Erode Branch cheque bearing No.110781 for
Rs.2,00,000/-. When the cheque was presented for encashment, the same
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was returned for the reason 'Funds Insufficient'. After following the
statutory conditions, complaint was filed by the respondent.
3.During trial, the respondent examined himself as P.W.1 and marked
Ex.P1 to Ex.P6. On the side of the petitioner, no witness examined and no
documents marked. The trial Court on conclusion of trial found the
petitioner guilty and convicted him as stated above.
4.The learned counsel for the petitioner submits that now the issue
between the petitioner and the respondent got resolved. He would submit
that the petitioner paid the entire cheque amount of Rs.2,00,000/- to the
respondent. Hence, prayed for allowing the revision and discharging the
petitioner from the above case.
5.Today, the petitioner and the respondent are present before this
Court through video conferencing. Both the parties confirmed that the issue
between the petitioner and the respondent amicably resolved.
6.The petitioner filed compounding petition along with affidavit
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before this Court in Crl.M.P.No.3769 of 2025 in Crl.R.C.No.279 of 2021
invoking Section 147 of the Negotiable Instruments Act, 1881 to compound
the offence and the same is ordered.
7.In the result, the case between the petitioner and the respondent is
compounded. Hence, the judgment, dated 10.08.2019 in S.T.C.No.5830 of
2014, passed by the learned Judicial Magistrate No.I, Gobichettipalayam and
the judgment dated 03.11.2020 passed by the learned III Additional District
and Sessions Judge, Erode at Gobichettipalayam in C.A.No.40 of 2019 are
set aside and the revision is allowed accordingly. The petitioner is acquitted
of all the charges levelled against him. Consequently, connected
miscellaneous petition is closed.
25.02.2025
Index:Yes/No
Speaking Order/Non-Speaking Order
Neutral Citation: Yes/No
cse
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To
1.The III Additional District and Sessions Judge,
Erode at Gobichettipalayam.
2.The Judicial Magistrate No.I,
Gobichettipayalam.
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M.NIRMAL KUMAR, J.
cse
25.02.2025
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