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
Crl.R.C.No.628 of 2025
and Crl.M.P.Nos.10140 & 10153 of 2025
N.SENTHILKUMAR.J,
Today, this matter is listed under the caption “For Being Mentioned” at the
instance of the learned counsel for the petitioner.
2. Learned counsel for the petitioner submitted that, this Court, vide order
dated 22.05.2025 allowed the Criminal Revision with a direction to the prison
authorities to release the appellant therein, immediately. However, a copy of the
said order was not marked to the prison authority, which requires to be clarified.
3. It is represented by the learned Additional Public Prosecutor that the
accused was set at liberty yesterday evening i.e on 02.06.2025. He also pointed
out that such an inconvenience crept in as a copy of the order was not marked to
the Superintendent of Prison, Central Prison, Salem.
4. After perusing the order dated 22.05.2025, this Court is satisfied that a
copy of the order dated 22.05.2025 should be marked to the Superintendent of
Prison, Central Prison, Salem and the Registry shall carry out the said correction.
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Crl.R.C.No.628 of 2025
N.SENTHILKUMAR, J.
Anu
5. All the other observations made in the earlier order dated 22.05.2025
shall remain intact.
6. Registry is directed to carry out the necessary correction as aforesaid in
the order dated 22.05.2025 and issue fresh copy of the order to the learned
counsel for the parties.
03.06.2025
Anu
Crl.R.C.No.628 of 2025
and Crl.M.P.Nos.10140 & 10153 of 2025
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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) 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
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Crl.R.C.No.628 of 2025
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 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.
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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 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
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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 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,
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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.
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.
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N.SENTHILKUMAR, J.
mjs
and Crl. M.P. Nos.10153 and 10140 of 2025
22.05.2025
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