Munusamy v. M/S.Sree Gokulam Chits And Finance Company Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2026

CORAM:

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Munusamy ...Petitioner in both Revisions -VsSree Gokulam Chits and finance Company Ltd. Rep by its. M.D.A.M.Gopalan, Rep by POA Ram Kumar, Branch Manager, Gobichettipalayam, No.65, 1st Floor, SrePariyur Towers, Gobichettipalayam, Erode District.

...Respondent in both Revisions

COMMON PRAYER: Criminal Revision Petitions are filed under Sections 438 r/w 442 of BNSS, to set aside the conviction imposed in the Judgments dated 21.11.2024 made in C.A.Nos.326 & 327 of 2023 on the file of the Ld.IIIrd Additional District and Sessions Court, Gobichettipalayam confirming the judgments dated 31.07.2023 made in S.T.C.Nos.1046 & 1047 of 2017 on the file of the Ld. Judicial Magistrate No.1, Gobichettipalayam. In Both Revisions For Petitioner :

Mr.M.Ganesh, for Mr.N.Manoharan For Respondent :

Mr.L.Rajasekar 1/4

COMMON ORDER The petitioner has preferred the above revisions challenging the judgments passed by the learned III Additional District and Sessions Judge, Erode, in C.A.Nos.326 & 327 of 2023 dated 21.11.2024; confirming the judgments of the learned Magistrate convicting the petitioner for the offence under Section 138 of the Negotiable Instruments Act, and sentenced him as below;

CRL.RC Sentence imposed 35/2023 To undergo one year Simple Imprisonment and to pay the cheque amount of Rs.5,69,226/- as compensation to the respondent within two months 53/2023 To undergo one year Simple Imprisonment and to pay the cheque amount of Rs.4,49,776/- as compensation to the respondent within two months

2. Pending the above Revisions, the parties were referred to Mediation. It appears they have since appeared before the Mediator and arrived at a Settlement Agreement before the Mediator.

3.As per the said Settlement Agreement, the petitioner has paid the entire sum of Rs.22,50,000/- which is due to the respondent (along with interest), which is acknowledged by the learned counsel for the respondent. 2/4

4.The Settlement Agreement is taken on record and shall be treated as a part and parcel of this order.

5. In view of the Settlement Agreement and considering the nature of the offence, this Court permits the parties to compound the offence. Accordingly, the judgments of conviction passed by the learned III Additional District and Sessions Judge, Gobichettipalayam, in C.A.Nos.326 & 327 of 2023 dated 21.11.2024, confirming the judgments of conviction and sentence dated 31.07.2023 passed by the learned Judicial Magistrate No.1, Gobichettipalayam, in S.T.C.Nos.1046 & 1047 of 2017, are hereby set aside. The Criminal Revision Cases are allowed in terms of the above Settlement Agreement and the petitioner is acquitted of the offence under Section 138 of the Negotiable Instruments Act. The fine amount, if any, paid by the petitioner shall be refunded. The bail bond, if any, executed shall stand discharged.

19.01.2026 Tsg 3/4

SUNDER MOHAN, J.

Tsg To 1.The III Additional District and Sessions Court, Gobichettipalayam.

2. Judicial Magistrate No.1, Gobichettipalayam 19.01.2026 4/4