Madras High Court
K.Murugan vs T.Kannan on 2 July, 2025
Crl.R.C.(MD)No.786 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.07.2025
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
Crl.R.C.(MD)No.786 of 2025
and
Crl.M.P.(MD)No.8449 of 2025
K.Murugan ... Petitioner
-vs-
T.Kannan ... Respondent
PRAYER : Criminal Review Case filed under 438 r/w. 442 of BNSS, 2023,
to call for the entire records relating to the impugned judgment of
conviction and sentence passed by the learned Additional District Judge
(FTC), Theni, in Criminal Appeal No.80 of 2024 dated 21.11.2024,
confirming the judgment of conviction and sentence passed by the learned
Judicial Magistrate (FTC) (ML), Uthamapalayam, in S.T.C.No.227 of 2023
dated 08.05.2024 and set aside the same and acquit the petitioner herein
from all charges.
For Petitioner : Mr.D.Saravanan
For Respondent : Mr.C.Hariharan
ORDER
This Criminal Revision Case has been filed, assailing the judgment in
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Crl.A.No.80 of 2024 on the file of the learned Additional District Judge
(FTC), Theni, dated 21.11.2024, confirming the conviction and sentence
imposed by the judgment dated 08.05.2024 in S.T.C.No.227 of 2023 on the
file of the learned Judicial Magistrate (FTC) (ML), Uthamapalayam and
acquit the accused.
2.The case of the prosecution is as follows:-
The petitioner approached the defacto complainant on 13.08.2023
and he obtained a loan of Rs.10,00,000/- and promised to repay the same.
Thereafter, the petitioner issued a cheque bearing No.950627 of her bank,
namely Canara Bank, Cumbum Branch, for Rs.10,00,000/- to the defacto
complainant. When the defacto complainant presented the cheque on
21.10.2023, for collection in the Madurai District Central Cooperative
Bank, Cumbum Branch and it was dishonored on 27.10.2023 as 'account
blocked'. Hence, the defacto complainant issued the legal notice dated
10.11.2023 to the petitioner. The notice was received by the petitioner on
13.11.2023 and the petitioner sent a reply with false details on
21.11.2023. Therefore, the petitioner has to be punished for the offence
under Section 138 of Negotiable Instrument Act and the complaint has
been filed.
3.The complaint was taken on file by the learned Judicial Magistrate,
(FTC) (ML), Uthamapalayam, as S.T.C.No.227 of 2023. The learned Trial
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Court convicted the petitioner on 08.05.2024, for the offence under Section
138 of Negotiable Instruments Act and sentenced him to undergo simple
imprisonment for six months and to pay a sum of Rs.10,00,000/- as
compensation on the file of the learned Judicial Magistrate (FTC) (ML),
Uthamapalayam.
4.The learned Additional District Judge (FTC), Theni, dismissed the
Criminal Appeal No.80 of 2024, dated 21.11.2024, stating that there is no
representation on the side of the petitioner/appellant. Challenging the
same, the present Criminal Revision Case has been filed before this Court.
5.The learned counsel appearing for the petitioner submitted that the
both the parties have appeared before this Court in person and both of
them have entered into compromise and filed a joint compromise memo to
compound the offence. The scanned copy of the joint compromise memo is
as follows:-
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6.The learned counsel appearing for the respondent also confirms
the fact that the compromise have been entered into between the parties.
7.Heard both sides and carefully perused the materials available on
record.
8.The Hon'ble Supreme Court in Ramgopal and another v. State
of Madhya Pradesh1, had held that this Court, in exercise of inherent
powers, can accept the compromise, even in the case of non-compoundable
offences, if the parties have entered into a compromise and the dispute is
private in nature.
9.Though the petitioner is the accused of the offence under Section
138 of Negotiable Instruments Act, the dispute is private in nature. Hence,
this Court is inclined to accept the compromise and set aside the order of
conviction and sentence imposed by the Courts below.
10.Accordingly, the Joint Compromise Memo dated 23.06.2025, is
taken on file. The Criminal Revision Case is allowed in terms of the Joint
Compromise Memo dated 23.06.2025. The conviction and sentence
1 (2022) 14 SCC 531
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imposed upon the petitioner vide judgment in Crl.A.No.80 of 2024 on the
file of the learned Additional District Judge (FTC), Theni, dated 21.11.2024,
confirming the conviction and sentence imposed by the judgment dated
08.05.2024 in S.T.C.No.227 of 2023 on the file of the learned Judicial
Magistrate (FTC) (ML), Uthamapalayam, is set aside and the petitioner is
acquitted of the offence under Section 138 of Negotiable Instruments Act.
No Costs. Consequently, connected miscellaneous petition is closed.
02.07.2025
NCC :Yes/No
Index :Yes/No
Internet : Yes
Mrn
Note : Issue order copy on 02.07.2025.
To
1.The Additional District Judge (FTC), Theni
2.The Judicial Magistrate (FTC) (ML),
Uthamapalayam.
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L.VICTORIA GOWRI, J.
Mrn
02.07.2025
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