Jegajothi v. Rafi Ahamed
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.01.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.R.C.No.2 of 2025 Jegajothi ... Petitioner Vs.
Rafi Ahamed ... Respondent/complainant PRAYER: Criminal Revision Case filed under Sections 397 r/w 401 Cr.P.C. / 438 r/w 442 of BNSS, to call for the records and set aside the judgment dated 17.08.2023 made in Crl.A.No.38 of 2020 passed by the learned IV Additional District & Sessions Judge, Coimbatore, confirming the judgment of conviction and sentence, dated 02.12.2019, made in C.C.No.784 of 2024 passed by the learned Judicial Magistrate, Fast Track Court No.1, Magisterial Level, Coimbatore.
For Petitioner : Mr.B.Jawahar For Respondents : Mrs.K.M.Bhuvana for Mr.P.Tamilavel
ORDER
The Criminal Revision Petition challenges the conviction of the petitioner for the offences under Section 138 of the Negotiable Instruments Act and sentence imposed on the petitioner to undergo Page No.1 of 8
simple imprisonment for six months and to pay a compensation of Rs.3,44,000/- to the complainant within two months from the date of judgment, in default to undergo simple imprisonment for two months.
2. The case of the respondent is that the petitioner towards discharge of his liability has issued a cheque for Rs.3,44,000/-; that when the cheque was presented for collection, the same was dishonoured for the reason "Account Blocked Situation Covered"; and that in spite of statutory notice, the petitioner failed to make the payment.
3. During the pendency of the revision, the parties have arrived at a settlement, reduced the terms in writing and have filed a Joint Memo of Compromise, stating that respondent had agreed to receive a sum of Rs.4,68,800/- [Rupees Four Lakhs Sixty Eight Thousand and Eight Hundred only] in full and final settlement of all his claims; that he has received a sum of Rs.4 Lakhs by way of Demand Draft today i.e., on 30.01.2025; and that he may be permitted to withdraw Rs.68,800/- deposited by the petitioner before the trial Court, during the pendency of the appeal. The scanned copy of the Joint Memo of Compromise dated 30.01.2025 duly signed by the respondent and the learned counsel for Page No.2 of 8
both parties, is as follows:
Page No.3 of 8
Page No.4 of 8
4. The respondent has also filed an affidavit dated 30.01.2025 consenting for compounding of the offence.
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 30.01.2025 and set aside the conviction and sentence imposed on the petitioner by the trial Court.
6. Accordingly, the Joint Compromise Memo dated 30.01.2025 is taken on file. The Criminal Revision Case is allowed in terms of the Joint Compromise Memo dated 30.01.2025. The conviction and Sentence imposed upon the petitioner vide judgment dated 02.12.2019 made in C.C.No.784 of 2019, by the learned Judicial Magistrate, Fast Track Court No.1, Magisterial Level, Coimbatore and confirmed by the judgment dated 17.08.2023 made in Crl.A.No.38 of 2020 passed by the learned IV Additional District & Sessions Judge, Coimbatore, are set aside and the petitioner is acquitted of the offence under Section 138 of the Negotiable Instruments Act.
Page No.5 of 8
7. The respondent is permitted to withdraw Rs.68,800/- [Rupees Sixty Eight Thousand and Eight Hundred only] deposited in 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.
30.01.2025 Index: Yes/No Speaking/Non-speaking order ars Page No.6 of 8
To
1. The IV Additional District & Sessions Judge, Coimbatore.
2. The Judicial Magistrate, Fast Track Court No.1, Magisterial Level, Coimbatore.
Page No.7 of 8
SUNDER MOHAN, J.
ars Crl.R.C.No.2 of 2025 30.01.2025 Page No.8 of 8