J.Alamelu v. G.Leelakrishnan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.No.799 of 2025 and Crl.M.P.No.11262 of 2025 J.Alamelu ... Petitioner Vs.

G.Leelakrishnan ... Respondent PRAYER: Criminal Revision has been filed under Sections 438 r/w 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to call for records and setaside the judgment dated 15.10.2020 passed in C.A.No.397/2019 on the file of the I Additional District & Sessions Judge, Coimbatore confirming the conviction u/s. 138 of the Negotiable Instruments Act, 1881 but modifying the sentence of imprisonment alone from 6 months SI to 3 months SI an passed vide Judgment dated 18.10.2019 in C.C.No.361/2015 (Old C.C.No.220/2015 on the file of the JM.No.II, Coimbatore) on the file of the Judicial Magistrate, Fast Track Court No.1 @ ML, Coimbatore and confirming the compensation of Rs.3,00,000/- u/s.357(3) Cr.P.C., payable to the complainant within 2 month from the date of trial Court judgment i/d to undergo to 2 month imprisonment as awarded by the trial Court and acquit him. For Petitioner :

Mr.T.R.Sivaram For Respondent :

Mr.S.Samuel

ORDER

This criminal revision has been preferred against the judgment dated 15.10.2020 passed by the learned I Additional District & Sessions Judge, Coimbatore, in C.A.No.397 of 2019, confirming the conviction but modifying the sentence imposed on the petitioner dated 18.10.2019 passed by the learned Judicial Magistrate, Fast Track Court No.1 @ ML, Coimbatore in C.C.No.361 of 2015, thereby convicted the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as "the NI Act") 2.

While pending this revision, the matter has been amicably settled between the parties by paying the entire cheque amount. They also entered into compromise deed dated 14.06.2025. He also produced the Compromise deed dated 14.06.2025 before this Court. On perusal of the compromise deed, it is revealed that the respondent received the entire cheque amount and he has no objection to set aside the conviction.

3.

In view of the above, the conviction and sentenced imposed by the trial court, which were confirmed by the appellate court, cannot be sustained. As such, the impugned judgments are liable to be set aside. Accordingly, the judgment dated 15.10.2020 passed by the learned I Additional District &

Sessions Judge, Coimbatore, in C.A.No.397 of 2019, and the order dated 18.10.2019 passed by the learned Judicial Magistrate, Fast Track Court No.1 @ ML, Coimbatore in C.C.No.361 of 2015, are set aside. The terms of Compromise deed dated 14.06.2025 shall form part and parcel of the order. The petitioner is acquitted from all the charges under Section 138 of the NI Act and set liberty forthwith. The bail bond, if any executed by the petitioner, shall stand cancelled. Fine amount, if any paid, shall be refunded to the petitioner forthwith.

4.

In the result, this Criminal Revision Case stands allowed. Consequently, connected miscellaneous petition is closed. 16.06.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order rts

G.K.ILANTHIRAIYAN. J, rts To 1.The I Additional District & Sessions Judge, Coimbatore, 2.The Judicial Magistrate, Fast Track Court No.1 @ ML, Coimbatore Crl.R.C.No.799 of 2025 and Crl.M.P.No.11262 of 2025 16.06.2025