Madras High Court
Anandkumar vs S.Suren Babu (Died) on 19 June, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.R.C.No.807 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.06.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.R.C.No.807 of 2025 and
Crl.M.P.No.11367 of 2025
Anandkumar ... Petitioner
Vs.
S.Suren Babu (died)
1. State of Tamilnadu
Rep. by the
Public Prosecutor of Nigirs District,
Udagamandalam.
2. A.Vimala ... Respondents
PRAYER: Criminal Revision has been filed under Sections 438 r/w 442 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, praying to set aside the order dated
30.01.2024 and made in Criminal Appeal No.20 of 2021 on the file of the
Sessions Judge of Magalir Neethimandram (FTMC), Udhagamandalam, the
Nilgiris, in dismissing the Criminal Appeal and confirming the order passed in
S.T.C.No.491 of 2016 on the file of Judicial Magistrate Court at
Udhagamandalam, convicting the petitioner for the offences U/s.138 of NI
Act., and allow the Criminal Revision Petition.
Page 1 of 6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/06/2025 05:42:49 pm )
Crl.R.C.No.807 of 2025
For Petitioner : Mr.G.Baskar
For Respondents
For R1 : Mr.S.Rajakumar
Additional Public Prosecutor
For R2 : Ms.S.Nithiyakalyani
ORDER
This criminal revision has been preferred against the judgment
dated 30.01.2024, passed by the learned Sessions Judge, Magalir
Neethimandram (FTMC), Udhagamandalam, in C.A.No.20 of 2021,
confirming the conviction and sentence imposed on the petitioner dated
23.03.2021, passed by the learned Judicial Magistrate Court,
Udhagamandalam, in S.T.C.No.491 of 2016, thereby convicting the petitioner
for the offence punishable under Section 138 of the Negotiable Instruments
Act (hereinafter referred to as “the NI Act”)
2. The learned counsel appearing for the petitioner submitted that
while pending revision, the petitioner and the second respondent have
amicably settled the issue between them and also entered into a Joint
Compromise on 17.06.2025. He also produced the joint compromise memo
dated 17.06.2025 before this Court.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/06/2025 05:42:49 pm )
3. The learned counsel appearing for the second respondent
submitted that the entire cheque amount has been settled and she has no
objection to set aside the conviction imposed by the Courts below.
4. Heard the learned counsel appearing on either side and perused
the materials placed before this Court.
5. On perusal of the Joint Compromise Memo, it is revealed that the
entire cheque amount was paid by the petitioner and the same was also duly
received by the second respondent. In view of the above, the conviction and
sentenced imposed by the trial court, which were confirmed by the appellate
court, cannot be sustained. As such, the impugned judgments are liable to be
set aside.
6. Accordingly, the judgment dated 30.01.2024 passed by the learned
Sessions Judge, Magalir Neethimandram (FTMC), Udhagamandalam, in
C.A.No.20 of 2021, and the judgment dated 23.03.2021 passed by the learned
Judicial Magistrate Court, Udhagamandalam in S.T.C.No.491 of 2016, are
hereby set aside. The terms of Joint Compromise Memo dated 17.06.2025 shall
form part and parcel of the order. The petitioner is acquitted from all the
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/06/2025 05:42:49 pm )
charges under Section 138 of the NI Act and set liberty forthwith. The bail
bond, if any executed by the petitioner, shall stand cancelled. Fine amount, if
any paid, shall be refunded to the petitioner forthwith.
7. In the result, this Criminal Revision Case stands allowed.
Consequently, connected miscellaneous petition is closed.
19.06.2025
Internet:Yes
Index:Yes/No
Speaking/Non speaking order
Note :- Issue order copy today
ie., on 19.06.2025
rts
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/06/2025 05:42:49 pm )
To
1.The Sessions Judge
Magalir Neethimandram (FTMC),
Udhagamandalam.
2.The Judicial Magistrate,
Udhagamandalam
3.The Public Prosecutor of Nigirs District,
Udagamandalam.
4.The Superintendent,
Central Prison,
Coimbatore.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/06/2025 05:42:49 pm )
G.K.ILANTHIRAIYAN. J,
rts
Crl.R.C.No.807 of 2025 and
19.06.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/06/2025 05:42:49 pm )
