Mythili Rajagopalan v. Bapuji Murugesan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.01.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.R.C.No.298 of 2023 and Crl.M.P.No.396 of 2025 Mythili Rajagopalan ... Petitioner Vs.
Bapuji Murugesan ... Respondent PRAYER: Criminal Revision Petition filed under Section 397 and 401 of Code of Criminal Procedure, to call for records pertaining to the judgment dated 19.01.2023 in Crl.A.No.29/2019 on the file of the VII Additional District and Sessions Court, Chennai and judgment dated 08.01.2019 in C.C.No.1046/2005 on the file of the Metropolitan Magistrate, Fast Track Court III at Saidapet, Chennai to set aside the same. For Petitioner :
Mr.R.Ashwin For Respondent :
Mr.K.F.Manavalan Page No.1 of 9
ORDER
This Criminal Revison Case has been filed to set aside the judgment, dated 19.01.2023 in Crl.A.No.29 of 2019 passed by the learned VII Additional Sessions Judge, VII Additional District and Sessions Court, Chennai confirming the judgment, dated 08.01.2019 in C.C.No.1046 of 2005 passed by the learned Metropolitan Magistrate, Fast Track Court No.III, Saidapet, Chennai.
2.It is the case of the respondent that the petitioner had taken a loan of Rs.20,00,000/- from the respondent and had executed a promissory note on 05.04.2003; that towards discharge of her liability, the petitioner had issued five cheques for a total sum of Rs.21,60,000/-; that when the cheques were presented for collection, it was returned for the reason "Insufficient Funds" and that in spite of statutory notice issued by the respondent, the petitioner failed to make the payment.
3.The petitioner was convicted by the trial Court for the offence under Section 138 of the Negotiable Instruments Act and sentenced to Page No.2 of 9
undergo six months simple imprisonment and to pay double the cheque amount as compensation to the respondent. On appeal, the said conviction and sentence was confirmed by the lower Appellate Court. 4.When the present revision was taken up for hearing, it was represented by the counsels that the parties have entered into a compromise and have reduced the terms of compromise by Memorandum of Settlement, dated 09.01.2025.
5.The scanned reproduction of the Memorandum of Settlement is as follows:
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6.The parties have also filed a compounding petition in Crl.M.P.No.396 of 2025 in Crl.R.C.No.298 of 2023. Hence, the offences are compounded in terms of the above compromise. Accordingly, the judgment, dated 19.01.2023 in Crl.A.No.29 of 2019 passed by the learned VII Additional Sessions Judge, VII Additional District and Sessions Court, Chennai and the judgment, dated 08.01.2019 in C.C.No.1046 of 2005 passed by the learned Metropolitan Magistrate, Fast Track Court No.III, Saidapet, Chennai are set aside.
7.It is reported that during the pendency of the appeal before the learned VII Additional Sessions Judge, Chennai, the petitioner had deposited Rs.3,18,000/- to the credit of C.C.No.1046 of 2005 on the file of the Metropolitan Magistrate, Fast Track Court No.III, Saidapet, Chennai. 8.The petitioner is at liberty to withdraw the said amount of Rs.3,18,000/- as the petitioner has already settled the cheque amount to the respondent.
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9.It is further submitted by the learned counsel for the respondent that the original promissory note and the mortgage deed were marked as Exs.P13 & 14 respectively during trial and the same may be returned to the respondent. Hence, the Trial Court is directed to return Exs.P13 & P14 to the respondent after retaining the certified copy of the same in the Court records.
10.In view of the above, this Criminal Revision Case stands allowed. Consequently, connected miscellaneous petition is ordered. 09.01.2025 Index:Yes/No Speaking Order/Non-Speaking Order vv2 To 1.The VII Additional Sessions Judge, VII Additional District and Sessions Court, Chennai.
2.The Metropolitan Magistrate, Fast Track Court III at Saidapet, Chennai.
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SUNDER MOHAN, J.
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