Madras High Court
M/S.Jai Sakthi Builders vs R.Ravichandran on 13 November, 2025
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.R.C.No.1123 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.11.2025
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.R.C.No.1123 of 2021 and
Crl.M.P.No.21650 of 2025
1.M/s.Jai Sakthi Builders,
Rep. by its Partner Mr.J.Prem Chandar,
No.2-A, Yercaud Road,
Asthampatty,
Salem – 636 007.
2.Mr.J.Premchandar, M/44 years,
Partner,
M/s.Jai Sakthi Builders,
Rep. by its Partner Mr.J.Prem Chandar,
No.2-A, Yercaud Road,
Asthampatty,
Salem – 636 007.
Now at Devi Constructions,
(Engineers and Builders),
No.61A, Yercaud Main Road,
Opp. Government Women Arts College,
Korimedu,
Salem – 636 008. ... Petitioners
Vs.
R.Ravichandran ... Respondent
Page No.1 of 8
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Crl.R.C.No.1123 of 2021
PRAYER: Criminal Revision Petition filed under Sections 397(1) and 401 of
Criminal Procedure Code, to set aside the judgment dated 26.11.2021 passed by
the learned V Additional District and Sessions Judgment, Coimbatore in
C.A.No.216 of 2020 confirming the judgment dated 09.11.2020 passed by the
learned Judicial Magistrate, Fast Track Court No.I at Magisterial Level,
Coimbatore in C.C.No.384 of 2015.
For Petitioners : Mr.L.Mouli
For Respondent : Mr.N.Prateik
ORDER
The petitioners were convicted by judgment dated 09.11.2020 in
C.C.No.384 of 2015 by the learned Judicial Magistrate, Fast Track Court-I @
ML, Coimbatore (trial Court) for offence under Section 138 of Negotiable
Instruments Act, 1881 and sentenced the 2nd petitioner to undergo Simple
Imprisonment for a period of six months and to pay the cheque amount of
Rs.5,00,000/- as compensation in default to undergo two months Imprisonment.
Challenging the same, the petitioners preferred an appeal before the IV
Additional District & Sessions Judge, Coimbatore (lower appellate Court) in
Crl.A.No.216 of 2020 and the same was dismissed by judgment dated
26.11.2021 dismissed the appeal confirmed the judgment of the trial Court.
Aggrieved over the same, the present Criminal Revision Case is filed.
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2.Gist of the case is that the 1st petitioner is Partnership Firm represented
by its Partner/2nd petitioner. The 2nd petitioner and the respondent/complainant
are known to each other. On that acquittance, on 06.10.2010, the 2nd petitioner
borrowed a sum of Rs.5,00,000/- from the respondent for his business and
family expenses and executed a demand promissory note (Ex.P1) in favour of
the respondent and agreed to repay the principal with interest at the rate of 24%
p.a. After borrowing the said amount, the 2nd petitioner failed to pay the
amount to the respondent either interest or principal inspite of repeated
demands. On persistent demand, the 2nd petitioner issued a cheque (Ex.P2)
bearing No.910777 for a sum of Rs.5,00,000/- drawn on ICICI Bank, Shevapet
Branch, Salem to the respondent. When the respondent presented the cheque
(Ex.P2) for collection with his Banker Axis Bank, Saibaba Colony Branch,
Coimbatore, the same got dishonoured for the reason “Account Closed” by
return memo dated 02.01.2013 (Ex.P3). Thereafter, the respondent issued a
legal notice (Ex.P4) to the 2nd petitioner and the same was received by him on
05.02.2013. On receipt of the same, the 2nd petitioner sent a reply notice
(Ex.P5) on 09.02.2013, for which, the respondent sent a rejoinder (Ex.P6) on
23.02.2013. Since the petitioners failed to repay amount, the complaint under
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Section 138 of Negotiable Instruments Act, 1881 filed in C.C.No.384 of 2015.
3.During trial, the complainant/respondent examined himself as PW1 and
marked six documents as Exs.P1 to P6. On the side of defence, two witnesses
examined as DW1 & DW2 and five documents marked as Exs.D1 to D5. On
conclusion of trial, the trial Court convicted the petitioners as stated above and
the same was confirmed by the lower appellate Court.
4.The learned counsel for the petitioner submitted that now the issue
between the petitioners and the respondent got resolved and compromise
arrived. On conviction in C.C.No.384 of 2015, the petitioner preferred an
appeal before the lower appellate Court, at that time, he deposited Rs.1,00,000/-
(Rupees one lakh only) to the credit of C.C.No.384 of 2015. On dismissal of
the appeal, the petitioner preferred the present revision before this Court and
this Court by order dated 07.01.2022 had granted suspension of sentence to the
petition on condition to deposit the balance cheque amount of Rs.4,00,000/-
(Rupees four lakh only) which was complied with. Now, the total cheque
amount of Rs.5,00,000/- (Rupees five lakh only) deposited to the credit of
C.C.No.384 of 2015 on the file of the trial Court. Apart from that, the
petitioner paid a sum of Rs.5,00,000/- (Rupees five lakh only) by way of
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demand draft No.506071 dated 10.11.2025 drawn in favour of the respondent.
He further submitted that based on the settlement, a compounding petition in
Crl.M.P.No.21650 of 2025 in Crl.R.C.No.1123 of 2021 filed under Section 147
of Negotiable Instruments Act, 1881 to compound the offence.
5.The learned counsel for the respondent confirms the settlement
between the petitioners and the respondent and also confirms the receipt of
demand draft for Rs.5,00,000/- (Rupees five lakh only). The only plea of the
respondent is that he may be permitted to withdraw the amount of Rs.5,00,000/-
(Rupees five lakh only) deposited by the petitioner with accrued interest.
6.Today, the petitioners and the respondent present before this Court and
this Court had an enquiry with the respondent. The respondent reaffirmed the
compromise entered with the petitioner, receipt of demand draft and filing of
compounding petition.
7.The respondent/complainant has filed a compounding petition in
Crl.M.P.No.21650 of 2025 in Crl.R.C.No.1123 of 2021 invoking Section 147
of the Negotiable Instruments Act, 1881 to compound the offence and the same
is ordered.
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8.In view of the above development and in the interest of both the parties
not to keep these proceedings pending since it will affect their future life, this
Court accepts the compromise entered between them.
9.In the result, the case between the petitioners and the respondent is
compounded. Hence, the judgment, dated 09.11.2020 in C.C.No.384 of 2015
passed by the learned Judicial Magistrate, Fast Track Court No.I @ Magisterial
Level, Coimbatore and the judgment, dated 26.11.2021 passed by the learned
IV Additional District & Sessions Judge, Coimbatore in Crl.A.No.216 of 2020
are set aside and the revision is, accordingly, allowed. The petitioners are
acquitted of all charges levelled against them.
10.The respondent is directed to file appropriate petition/memo before
the Trial Court. On such filing, the Trial Court to permit the
respondent/complainant to withdraw the amount of Rs.5,00,000/- deposited by
the petitioner in C.C.No.384 of 2015 along with the accrued interest if any,
dispensing notice to the petitioner.
13.11.2025
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Speaking Order/Non Speaking Order
Index : Yes/No
Neutral Citation: Yes/No
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To
1.The IV Additional District & Sessions Judge,
Coimbatore.
2.The Judicial Magistrate, Fast Track Court-I @ ML,
Coimbatore.
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M.NIRMAL KUMAR, J.
vv2
13.11.2025
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