Menaka v. Vijayakumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.08.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Menaka

...Petitioner

Vs.

Vijayakumar ... Respondent PRAYER: Criminal Revision is filed under Section 438 r/w 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the sentence of imprisonment imposed on the petitioner in Crl.A.No.12 of 2020 (on the file of the Principal District & Sessions Judge, Chengalpattu) by the judgment dated 10.10.2023 against C.C.No.189 of 2018 (on the file of the Judicial Magistrate, Maduranthakam) by judgment dated 01.02.2020 and allow the criminal revision petition.

For Petitioner : Mr.K.M.Mrithun Jayan

ORDER

This Criminal Revision has been filed as against the order passed in Crl.A.No.12 of 2020 by the learned Principal District & Sessions Judge, Chengalpattu, dated 10.10.2023, whereby, confirming the sentence imposed

by the Trial Court in C.C.No.189 of 2018, on the file of the Judicial Magistrate, Maduranthakam, dated 01.02.2020, for the offences punishable under Section 138 of NI Act.

2.Petitioner is an accused in the complaint lodged by the complainant for the offences punishable under Section 138 NI Act. After full fledged trial, the Trial Court had convicted and sentenced the petitioner herein to undergo two years simple imprisonment and to pay a fine amount to the tune of Rs.14,00,000/-, which is double the cheque amount. Aggrieved by the same, Crl.A.No.12 of 2020, on the file of the Principal District & Sessions Judge, Chengalpattu, was filed and the same was dismissed by judgment dated 10.10.2023, confirming the judgment of the Trial Court. Hence, the present Criminal Revision has been preferred. 3.Pending Revision, the petitioner has settled the cheque amount to the respondent. After settling the said amount, both petitioner and the respondent entered into a joint memo of compromise, dated 26.08.2025. They have also filed a joint affidavit before this Court. Accordingly, the matter has been settled between them amicably and the respondent has no

objection to set aside the conviction and sentence imposed on the petitioner by the Trial Court.

4.In view of the joint memo of compromise filed, the order passed in Crl.A.No.12 of 2020, dated 10.10.2023, confirming the order passed in C.C.No.189 of 2018, dated 01.02.2020, is hereby set aside and the Criminal Revision stands allowed. The joint memo of compromise shall form part and parcel of this order.

26.08.2025 Index : Yes/No Speaking/non-speaking order sli To

1. The Principal District & Sessions Judge, Chengalpattu.

2.The Judicial Magistrate, Maduranthakam.

G.K.ILANTHIRAIYAN, J.

sli 26.08.2025