[Cites 1, Cited by 0]
Madras High Court
D.Kumar vs G.Sankar on 13 March, 2026
CRL RC No.2066 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-03-2026
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
CRL RC No.2066 of 2024
D.Kumar
S/o.Devaraj,
Amman Nagar,
S.Pallipattu Village,
Adhiyur Post,
Tirupathur Town,
Tirupathur District.
...Petitioner
Vs
G.Sankar
S/o.Govindaraj,
S.Pallipattu Village,
Adhiyur Post,
Tirupathur Town,
Tirupathur District.
...Respondent
Prayer : Criminal Revision Petition filed under Section 438 r/w 442 of BNSS to
set aside the Judgment passed by the learned Principal District and Sessions
Judge, Tirupathur in C.A.No.76 of 2022 and dated 21.08.2024 as confined by
the Judgment passed by the Learned Judicial Magistrate No.1, Tirupathur in
STC No.583 of 2019 dated 21.04.2022.
For Petitioner : Mr.R.Parthiban
For Respondent : Mr.E.Kannadasan
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CRL RC No.2066 of 2024
ORDER
This matter is posted today before this Court under the caption 'For Being
Mentioned' at the instance of the learned counsel appearing for the petitioner.
2. The learned counsels on either side submitted that as per the
compromise, the petitioner/appellant/accused had paid the entire sum of
Rs.5,90,000/- (Rupees Five Lakhs Ninety Thousand Only) to the respondent;
and that the amount deposited by the petitioner to the credit of S.T.C No.583 of
2019 has to be withdrawn by the petitioner.
3. Considering the submissions made by the learned counsels on either
side, the Registry is directed to issue an order copy afresh forthwith by
correcting paragraph No. 5 of the order as follows:
5. The petitioner/accused is permitted to withdraw
Rs.2,95,000/- [Rupees Two Lakhs and Ninety Five Thousand
only] deposited to the credit of S.T.C. No.583 of 2019 before the
trial Court, with accrued interest, by filing appropriate
application. Fine amount, if any, paid by the petitioner shall be
refunded. Bail bond, if any, executed shall stand discharged.
13-03-2026
dk
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SUNDER MOHAN, J.
dk
13-03-2026
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.02.2026
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
D.Kumar ...Petitioner
Vs.
G.Sankar ...Respondent
Prayer: Criminal Revision Petition filed under Section 438 r/w 442 of BNSS.,
to set aside the Judgment dated 21.08.2024 passed by the learned Principal
District and Sessions Judge, Tirupathur, in C.A.No.76 of 2022 confirming the
Judgment dated 21.04.2022 passed by the learned Judicial Magistrate No.I,
Tirupathur, in S.T.C.No.583 of 2019.
For Petitioner : Mr.R.Parthiban
For Respondent : Mr.E.Kannadasan
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ORDER
The revision challenges the judgment dated 21.08.2024 passed in
Criminal Appeal No. 76 of 2022 by the learned Principal District and Sessions
Judge, Tirupathur confirming the conviction and sentence imposed on the
petitioner for the offence under Section 138 of the Negotiable Instruments Act
by judgment dated 21.04.2022 in S.T.C. No. 583 of 2019 by the learned Judicial
Magistrate No.1, Tirupathur. The petitioner was sentenced to undergo simple
imprisonment for one year and to pay compensation of Rs.6,00,000/- carrying a
default sentence of simple imprisonment for four months for the aforesaid
offence.
2. Pending the revision, the parties were referred to mediation and the
during the mediation, the parties have entered into a Settlement Agreement by
which the respondent had agreed to receive a sum of Rs. 5,90,000/- (Rupees
Five Lakhs and Ninety Thousand only) in full and final settlement of all his
claims against the petitioner and the petitioner had paid Rs.2,95,000/- (Rupees
Two Lakhs Ninety Five Thousand only), which is admitted by the respondent.
The petitioner had already deposited Rs.2,95,000/- to the credit of S.T.C. No.
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583 of 2019 on the file of Judicial Magistrate No.1 Tirupattur as per the
directions of this Court.
3. In view of the compromise arrived at and since the offence under
Section 138 of the Negotiable Instruments Act, is compoundable, this Court is
inclined to accept the Settlement Agreement dated 15.12.2025 and set aside the
conviction and sentence imposed on the petitioner by the trial Court.
4. Accordingly, the Settlement Agreement dated 15.12.2025 is taken on
file. The Criminal Revision Case is allowed in terms of the Settlement
Agreement dated 15.12.2025. The conviction and Sentence imposed on the
petitioner vide judgment dated 21.04.2022 in S.T.C. No. 583 of 2019 passed by
the learned Judicial Magistrate No.1, Tirupattur and confirmed by judgment
dated 21.08.2024 passed in Crl.A. No. 76 of 2022 by the learned Principal
District and Sessions Judge, Tirupathur, are set aside and the petitioner is
acquitted of the offence under Section 138 of the Negotiable Instruments Act.
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SUNDER MOHAN.J.,
5. The respondent is permitted to withdraw Rs.2,95,000/- [Rupees Two
Lakhs and Ninety Five Thousand only] deposited to the credit of S.T.C. No.583
of 2019 before the trial Court, with accrued interest, by filing appropriate
application. Fine amount, if any, paid by the petitioner shall be refunded. Bail
bond, if any, executed shall stand discharged.
09.02.2026
Index : Yes/No
Speaking order : Yes/No
Neutral Citation : Yes/Nonv
To
1.The Principal District and Session Court,
Tirupathur.
2.The Judicial Magistrate No.I, Tirupathur.
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