T.Abdul Wahid And Company v. M.Govindaraj
2026:MHC:509
IN THE HIGH COURT OF JUDICATURE AT MADRS
DATED : 03.02.2026
CORAM
THE HONOURABLE MR. JUSTICE SUNDER MOHAN CRL.R.C.No.261 of 2026
1. T.Abdul Wahid & Company Rep.by its Managing Director, Faizan Ahmed, aged 49 years, Registered Office at No.55, Vepery High Road, Periyamedu, Chennai - 3.
2. Faizan Ahmed, S/o.Mr.T.Rafeeque Ahmed Partner of T.Abdul Wahid & Company Unit - Footwear Division, 66/1, M.C.Road, Komeshwaram, Ambur, Tiruppur District.
...Revision Petitioners/Accused Vs.
M.Govindaraj S/o.Murugan Minnur, Ambur Taluk Tirupattur District.
... Respondent/Complainant 1\6
Prayer :
Criminal Revision Petition filed under Section 438 r/w 442 of Bhartiya Nyaya Suraksha Sanhita (BNSS), 2024, to call for the records and set aside order dated 20.12.2024 made in C.A.No.37 of 2023 in the file of the Hon'ble District and Session Judge, Tirupattur, Tirupattur District confirming the conviction and order of compensation imposed on the petitioner(s) by the learned Additional District Munsif cum Judicial Magistrate Court, Ambur dated 03.01.2023 in S.T.C.No.164 of 2020. For Petitioners ::
M/s.A.S.Harsha Vardhini for BFS Legal For Respondent ::
Mr.P.Munusami
O R D E R
The revision challenges the Judgment dated 20.12.2024 passed in Criminal Appeal No.37 of 2023 by the learned District and Sessions Judge, Tirupattur, Tirupattur District, confirming the conviction and sentence imposed on the petitioners for the offence under Section 138 of the Negotiable Instruments Act by Judgment dated 03.01.2023 in STC No.164 of 2020 by the learned Additional District Munsif cum Judicial Magistrate Court, Ambur. The second petitioner was sentenced to undergo six months simple imprisonment and to pay compensation of Rs.34,316/- in default to undergo simple imprisonment for two months for the aforesaid offence.
2. Mr.P.Munusami, Advocate, takes notice for the respondent and undertakes to file his vakalath.
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3. Learned counsel for the petitioners and the respondent would submit that the parties have since arrived at a compromise by which the respondent had agreed to receive a sum of Rs.21,000/- in full and final settlement of all his claims against the petitioners. A Memorandum of Compromise dated 03.02.2026 has also been filed by the parties.
4. When the matter was taken up for admission, the respondent along with his counsel was present. The second petitioner is present. The respondent was identified by his counsel. The respondent has confirmed the compromise and the fact that he had received the sum of Rs.21,000/-. The memorandum of the compromise dated 03.02.2026 filed by the parties is taken on record and shall form part and parcel of this order. 5.
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 Joint Compromise Memo dated 03.02.2026 and set aside the conviction and sentence imposed on the petitioner by the trial Court. 3\6
6. Accordingly, the Joint Compromise Memo dated 03.02.2026 is taken on file. The Criminal Revision Case is allowed in terms of the Joint Compromise Memo dated 03.02.2026. The conviction and Sentence imposed on the petitioner vide judgment dated 03.01.2023 in STC No.164 of 2020 by the learned Additional District Munsif cum Judicial Magistrate Court, Ambur, and confirmed by Judgment dated 20.12.2024 in Crl.A.No.37 of 2023 by the learned District and Sessions Judge, Tirupattur, are set aside and the petitioners are acquitted of the offence under Section 138 of the Negotiable Instruments Act. Fine amount, if any, paid by the petitioners shall be refunded. Bail bond, if any, executed shall stand discharged. 03.02.2026 Index: Yes/No Speaking order/Non-Speaking Order dk 4\6
To
1. The District and Session Judge, Tirupattur, Tirupattur District.
2. The Additional District Munsif cum Judicial Magistrate, Ambur.
5\6
SUNDER MOHAN,J.
dk Crl.R.C. No. 261 of 2026 03.02.2026 (2/4) 6\6