Madras High Court
S.Solaipandian vs K.P.Mokkamayathevar on 20 March, 2025
Crl.R.C.(MD)No.363 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.03.2025
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
Crl.R.C.(MD)No.363 of 2020
and
Crl.M.P.(MD)No.3549 of 2025
S.Solaipandian ... Petitioner
Vs.
K.P.Mokkamayathevar ... Respondent
PRAYER : Criminal Revision Case filed under Section 397 r/w 401
Cr.P.C., to call for the records and to set aside the judgment passed by
the learned Additional District and Sessions Judge, Theni @
Periyakulam dated 30.01.2020 in C.A.No.2 of 2019 by confirming the
judgment of learned Judicial Magistrate, Periyakulam in S.T.C.No.6484
of 2016 dated 10.12.2018 by allowing this criminal revision petition.
For Petitioner : Mr.R.Rajamohan
For Respondent : Mr.J.Lawrance
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Crl.R.C.(MD)No.363 of 2020
ORDER
The Criminal Revision is directed against the Judgment of
conviction and sentence passed in Crl.A.No.2 of 2019, dated 30.01.2020
on the file of the Additional District and Sessions Court, Theni @
Periyakulam, confirming the Judgment of conviction and sentence, dated
10.12.2018 passed in S.T.C.No.6484 of 2016 on the file of the Judicial
Magistrate, Periyakulam.
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 month simple
imprisonment and to pay compensation of Rs.2,00,000/- vide judgment
dated 10.12.2018 in S.T.C.No.6484 of 2016, that aggrieved by the said
order, the petitioner has preferred an appeal in Crl.A.No.2 of 2019 on the
file of the Additional District and Sessions Court, Theni @ Periyakulam
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 10.03.2025,
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 produced
the receipt to show that the petitioner has deposited Rs.10,000/- (Rupees
Ten Thousand only) being 5% of the settled amount of Rs.2,00,000/-
(compensation amount) before the High Court Legal Services Committee
attached to this Bench.
4. When the matter is taken up for hearing today, the petitioner/
accused and the respondent/complainant are present before this Court.
5. The learned counsel appearing for the petitioner has filed a
compounding petition, wherein, it has been stated that the petitioner has
already deposited a sum of Rs.75,000/- (Rupees Seventy Five Thousand
only) before the trial Court on 27.07.2020 and he has paid the remaining
amount of Rs.1,25,000/- (Rupees One Lakh and Twenty Five Thousand
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only) to the respondent's counsel on 10.03.2025 and also filed a memo to
that effect.
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.3549 of 2025 is ordered. The respondent
is permitted to withdraw the amount that was deposited by the petitioner
before the trial Court. No costs.
20.03.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
csm
To
1.The Additional District and Sessions Judge,
Theni @ Periyakulam.
2.The Judicial Magistrate,
Periyakulam.
3.Do through the Chief Judicial Magistrate,
Theni District.
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https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/04/2025 08:40:16 pm )
K.MURALI SHANKAR,J.
csm
Order made in
and
Dated: 20.03.2025
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