Madras High Court
C.D. Pannerselvam S/O. Devarajan vs P. Sivaraman S/O. Periyannan on 22 May, 2025
CRL R.C. No.628 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 22.05.2025
CORAM:
THE HON`BLE MR.JUSTICE N.SENTHILKUMAR
CRL R.C. No.628 of 2025
and Crl. M.P. Nos.10153 and 10140 of 2025
C.D. Pannerselvam S/o. Devarajan ... Petitioner/Appellant/Accused
Vs
P. Sivaraman S/o. Periyannan ... Respondent/Respondent/
Complainant
PRAYER in Crl. R.C. No.628 of 2025: - The Criminal Revision
Petition is filed under Section 397& 401 of Cr.P.C. [438 r/w 442 of
B.N.S.S.], praying to set aside the order dated 04.12.2020 passed in Crl.
Appeal No.25 of 2020 on the file of the Principal District & Sessions
Judge, Namakkal confirming the order dated 22.01.2020 passed in S.T.C.
No.361 of 2017 by the Judicial Magistrate, Fast Track Court,
Tiruchengode.
PRAYER in Crl. M.P. No.10153 of 2025 - The Criminal Miscellaneous
Petition is filed under Section 147 of N.I. Act to permit the petitioner to
compound the offence and set aside the judgment dated 22.01.2020
passed in S.T.C. No.361 of 2017 on the of the Judicial Magistrate (FTC)
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CRL R.C. No.628 of 2025
at Tiruchengode and confirmed by the Principal District and Sessions
Judge, Namakkal in Crl. Appeal No.25 of 2020 dated 04.12.2020.
PRAYER in Crl. M.P. No.10140 of 2025 - The Criminal Miscellaneous
Petition is filed under Section 5 of Limitation Act to condone delay of
1087 days in filing the above Criminal Revision petition against the
order passed in Crl. Appeal No.25 of 2020 on the file of the Principal
District and Sessions Judge, Namakkal dated 04.12.2020 confirming the
order passed in S.T.C. No.361 of 2017 on the file of the Judicial
Magistrate, Fast Track Court, Tiruchengode vide order dated 22.01.2020.
For Petitioner : M/s. D. Rameshkumar
[3 petitions]
For Respondent : Mr. T.L. Thirumalaisamy
[3 petitions]
COMMON ORDER
The Criminal Revision case is filed praying to set aside the order
dated 04.12.2020 passed in Crl. Appeal No.25 of 2020 on the file of the
learned Principal District and Sessions Judge, Namakkal confirming the
order dated 22.01.2020 passed in S.T.C. No.361 of 2017 on the file of the
Judicial Magistrate, Fast Track Court, Tiruchengode.
2. The Criminal Miscellaneous Petition in Crl. M.P. No.10153 of
2023, filed to permit the petitioner to compound the offence and set aside
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the judgment dated 22.01.2020 passed in S.T.C. No.361 of 2017 which
was confirmed in Crl. Appeal No.25 of 2020 dated 04.12.2020 and the
Criminal Miscellaneous Petition in Crl. M.P. No.10140 of 2025, filed to
condone delay of 1087 days in filing the above Criminal Revision
Petitionordered, are ordered.
3. A case was registered under Section 138 of Negotiable
Instruments Act, which was taken on the file of the learned Judicial
Magistrate, Fast Track Court, Tiruchengode in S.T.C. No.361 of 2017.
After the trial, the accused was convicted and sentenced to under one
year simple imprisonment as per Section 255(2) of Cr.P.c. and also
directed to pay a sum of Rs.4 lakhs as compensation to the complainant
within a period of one month. Against which, the accused preferred a
criminal appeal before the leanrned Principal District and Sessions
Judge, Namakkal in Crl. Appeal No.25 of 2020 and the Appellate Court
had confirmed the order of the trial Court vide order dated 04.12.2020.
Challening the said order passed in criminal appeal, the present revision
case is filed.
4. When the case was taken up for hearing today, the defacto
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complainant appeared before this Court and submitted that the entire
amount was paid by the accused. Since after conviction, the accused was
confined under imprisonment, the wife of the accused namely Jothi W/o.
Paneerselvam. The defacto complainant and the wife of the accused
have been recognized by the respective counsels and the defacto
complainant admitted that he has received the cheque amount in total.
The receipt of Rs.4 lakhs in favour of the complainant is duly attested by
both the wife of the accused and the defacto complainant. As the entire
amount is settled, the respective counsels have submitted that further
adjudication is not required and the matter has been amicably settled in
view of the settlement between both the parties.
5. Both the parties have filed a Joint Compromise Memo dated
22.05.2025 and the entire amount has been settled and it is duly accepted
by the defacto complainant and endorsed by the wife of the accused. The
said compromise memo shall form a part and parcel of this order.
6. Recording the same, the judgment dated 22.01.2020 passed in
S.T.C. No.361 of 2017 on the file of the Judicial Magistrate, Fast Track
Court, Tiruchengode confirmed by the Principal District and Sessions
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Judge, Namakkal vide order in Crl. Appeal No.25 of 2020 dated
04.12.2020 is hereby quashed.
7. In view of the fact that the entire amount has been settled, the
appellant who has now been detained in Central Prison, Salem in the
above case in S.T.C. No.361 of 2017 shall be released immediately and
the web copy of this order shall be taken into consideration by the Prison
authorities to set the accused at liberty.
8. Accordingly, the Criminal Revision case is allowed.
22.05.2025
mjs
To
1. The Principal District and Sessions Judge,
Namakkal.
2. The Judicial Magistrate,
Fast Track Court (Magisterial Level),
Tiruchengode.
3. The Public Prosecutor, High Court, Madras.
Note:-
1. Registry is directed to forthwith upload this
order in the official website of this Court.
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2. All concerned to act on this order being uploaded
in official website of this Court without insisting
on certified hard copies. To be noted, this order
when uploaded in official website of this Court
will be watermarked and will also have a QR
code.
N.SENTHILKUMAR, J.
mjs
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and Crl. M.P. Nos.10153 and 10140 of 2025
22.05.2025
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