Madras High Court
G.Rajendran vs P.Mahesh Kumar on 25 November, 2025
Author: M.Nirmal Kumar
Bench: M. Nirmal Kumar
Crl.R.C.No.464 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-11-2025
CORAM
THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR
CRL RC No. 464 of 2022
and
Crl.M.P.No.22737 of 2025
1. G.Rajendran
S/o.Gurusamy, No.23,
Subbathal Lay Out, 2nd Cross Street,
Rathinapuri, Coimbatore District.
2.Meena Kumari
W/o. G.Rajendran, No.23, Subbathal
Layout, 2nd Cross Street,
Rathinapuri, Coimbatore.
Petitioners/A1 & A2
Vs
P.Mahesh Kumar
S/o. Palanisamy, No.83/1,
V.O.C. 2nd Street, Rathinapuri,
Coimbatore District.
Respondent/Complainant
Prayer: Criminal Revision Case filed under Sections 397 r/w 401 of Cr.P.C.
praying to set aside the judgment passed by the learned Judicial Magistrate,
Fast Track Court-II, Coimbatore in C.C.No.367 of 2018 dated 15.11.2019 as
confirmed by the judgment of the IV-Additional District and Sessions Judge,
1/7
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Crl.R.C.No.464 of 2022
Coimbatore in C.A.No.417 of 2019 dated 31.01.2021.
For Petitioners : Mr.M.N.Balakrishnan
For Respondent : Mr.L.Mouli
ORDER
The Criminal Revision Petition challenges the conviction of the
petitioners for the offence under Section 138 of the Negotiable Instruments
Act and sentence imposed on the petitioners to undergo simple imprisonment
for six months each and to pay the cheque amount of Rs.50,000/- as
compensation.
2. The petitioners/accused were prosecuted by the respondent for
offence under Section 138 of the Negotiable Instruments Act in C.C.No.367
of 2018. The trial Court, by the judgment dated 15.11.2019, convicted the
petitioners and sentenced them to undergo simple imprisonment for six
months each and directed to pay the cheque amount of Rs.50,000/- along
with interest as compensation. Aggrieved against the same, the petitioners
preferred an appeal in Crl.A.No.417 of 2019 before the learned IV
Additional District and Sessions Judge, Coimbatore. The learned Sessions
Judge, by the judgment dated 31.01.2021, dismissed the appeal confirming
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the conviction and sentence passed by the trial Court, against which, the
present revision is filed.
3.The learned counsel for petitioners submitted that the petitioners had
paid the cheque amount of Rs.50,000/- to the complainant on 17.11.2025 by
way of demand draft bearing No.176712 dated 15.11.2025 in favour of the
respondent/complainant and the same was received by the
respondent/complainant.
4.Today, the complainant/P.Mahesh Kumar appeared through video
conference along with an Advocate, Mr.Yogasali, Enroll.No.1850/2003 from
Coimbatore and confirmed the compromise arrived at between the petitioners
and respondent. In support of the same, both the learned counsel for
petitioners as well as respondent filed a petition under Section 147 of the
Negotiable Instruments Act, 1881 in Crl.M.P.No.22737 of 2025 for
compounding the offence along with the copy of the Demand Draft.
5. In view of the compromise arrived at between the parties and
considering the petition under Section 147 of the Negotiable Instruments
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Act, the offence under Section 138 of the Negotiable Instruments Act in
C.C.No.367 of 2018 is compounded.
6.Thus the petitioners discharged their liability to the
respondent/complainant by way of Demand Draft. In view of the same, the
conviction and sentence imposed on the petitioners vide judgment dated
31.01.2021 made in Crl.A.No.417 of 2019 on the file of the learned
IV Additional District and Sessions Judge, Coimbatore, confirming the
judgment dated 15.11.2019 made in C.C.No.367 of 2018 on the file of the
learned Judicial Magistrate, Fast Tract Court No.II @ Magisterial Level,
Coimbatore, is set aside and the revision petitioners are acquitted of the
offence under Section 138 of the Negotiable Instruments Act.
5.In view of the same, the Joint Compromise Memo dated 25.02.2025
is taken on file. The Criminal Revision Case is allowed in terms of the Joint
Compromise Memo, dated 25.02.2025. The conviction and sentence imposed
on the petitioner vide judgment dated 18.01.2023 made in Crl.A.No.35 of
2018 on the file of the learned III Additional Sessions Judge, Puducherry,
confirming the judgment dated 16.06.2018 made in S.T.C.No.109 of 2017 on
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the file of the learned Judicial Magistrate at Yanam, is set aside and the
revision petitioner is acquitted of the offence under Section 138 of the
Negotiable Instruments Act.
5.In view of the same, the Joint Compromise Memo dated 25.02.2025 is
taken on file. The Criminal Revision Case is allowed in terms of the Joint
Compromise Memo, dated 25.02.2025. The conviction and sentence imposed
on the petitioner vide judgment dated 18.01.2023 made in Crl.A.No.35 of
2018 on the file of the learned III Additional Sessions Judge, Puducherry,
confirming the judgment dated 16.06.2018 made in S.T.C.No.109 of 2017 on
the file of the learned Judicial Magistrate at Yanam, is set aside and the
revision petitioner is acquitted of the offence under Section 138 of the
Negotiable Instruments Act.
7.In the result, the Criminal Revision Case is allowed.
25-11-2025
Index : Yes/No
Internet : Yes/No
Speaking/Non-speaking order
Neutral Citation : Yes/No
rsi
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To
1.The Judicial Magistrate,
Fast Track Court-II, Coimbatore.
2.The IV Additional District and Sessions Judge,
Coimbatore.
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M.NIRMAL KUMAR, J.
rsi
25.11.2025
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