Latha v. K.A.Letha
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 02.12.2021.
CORAM
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.RC.No.339 of 2020 and Crl.M.P.Nos.11805 and 12750 of 2021 Tmt.Latha ... Petitioner/Accused vs.
Smt.K.A.Letha ... Respondent/Complainant Prayer:- This Criminal Revision Petition filed under Section 397 & 401 of the Code of Criminal Procedure, pleased to call for the records in Criminal Appeal No.20 of 2019 on the file of the III Additional District & Sessions Judge, Tiruvallur at Poonamallee dated 21.01.2020 and confirm the order dated 18.12.2018 passed by the Judicial Magistrate-II, Fast Track Court, Poonamallee in S.T.C.No.86 of 2016.
For Petitioner : Mr.M.Kempraj For Respondent : Mr.D.J.Venkatesan
ORDER
The Criminal Revision Petition has been filed to call for the records in Crl.A.No.20 of 2019 passed by the learned III Additional and Sessions Judge, Thiruvallur, Poonamalle dated 21.01.2020 reversing the order dated 18.12.2018 passed by the Judicial Magistrate II, Fast Track Court, Poonamalle in S.T.C.No.86 of 2016.
2. For the sake of convenience, the parties are referred to as per their rank before the Trial Court
3. The respondent/complainant had filed S.T.C.No.86 of 2016 before the Judicial Magistrate II, Fast Track Court, Poonamallee against the petitioner/accused for the offence under Section 138 Negotiable Instruments Act, in respect of return of cheque bearing No.029502 dated 10.10.2015 drawn on ICICI Bank, Kamaraja Nagar, Avadi branch for a sum of Rs.2,70,000/- (Rupees Two lakhs and seventy thousand only).
4. On the side of the complainant, she examined herself as PW1 and marked Ex.P1 to Ex.P6 and on the side of the accused, no witness has been examined and no documents were marked.
5. The Trial Court had found the accused not guilty for the offence under Section 138 of Negotiable Instruments Act and had acquitted her by an order dated 18.12.2018. As against the said order of acquittal the complainant had filed Crl.A.No.20 of 2019 before the learned Additional District & Sessions Judge, Poonamallee and the Appellate Court by an order dated 21.01.2020 had allowed the appeal and set aside the order of acquittal and had found the accused guilt for the offence under Section 138 of Negotiable Instruments Act and sentenced her to undergo six months simple imprisonment and also directed to pay Rs.5,40,000/- (twice the cheque amount) towards compensation within two months in default to undergo further period of two months simple imprisonment.
6. Against the order of conviction, the petitioner ought to have filed criminal appeal, but she had wrongly preferred criminal revision and this Court had also granted suspension of sentence by an order dated 27.02.2020 with a condition to deposit a sum of Rs.1,00,000/-(Rupees One lakh only) before the Trial Court within four weeks from the date of receipt of a copy of the order.
7. The accused on account of being affected by Covid was unable to deposit the amount within the time frame fixed by this Court and thereby she had filed an application in Crl.M.P.No.11805 of 2021 for extension of time. While the application was pending, the parties have compromised the matter between themselves and they have filed Crl.M.P.No.12750 of 2021 seeking to compound the offence, in support of the compounding application, the parties have filed the memo signed by both the parties and their respective counsel.
8. The learned counsel appearing for the petitioner/accused would submit that the parties have compromised the matter between themselves and towards the total cheque amount of Rs.2,70,000/-, the petitioner/accused had agreed to pay Rs.3,25,000/- and the complainant has also accepted the same. An amount of Rs.3,10,000/- has been paid by way of three demand drafts and balance amount of Rs.15,000/- has been paid by way of cash.
9.
The learned Counsel appearing for the Respondent/complainant also submitted that the respondent/complainant has accepted the amount and agreed to compound the offence.
10. Both the complainant as well as the accused are present before this Court. This Court enquired them, they also submitted that the complainant has received an amount of Rs.3,25,000/- as full quit and she has also stated no objection for the offence being compounded. The said memo signed by both the parties and their respective counsel is recorded.
11. The learned Counsel for the petitioner/accused submitted that though, as per the judgment in Damodar S.Prabhu v. Sayed Babalal H. reported in 2010 (5) SCC 663, the petitioner has to pay 15% of the cheque amount towards costs, taking into consideration, the pandemic situation the payment of cost may be waived.
12. In view of the above, the order passed by the appellate Court in Crl.A.No.20 of 2019 on the file of the III Additional District & Sessions Judge, Poonamallee dated 21.01.2020 stands set aside and the petitioner/accused is acquitted from the offences.
13. It is to be noted, though only criminal appeal has to be preferred as against the order of conviction, the accused herein has preferred criminal revision, however, since the matter has been compromised between the parties, no further order is required.
14. In view allowing the Criminal Revision, the warrant issued by the trial Court on 23.10.2021 against the petitioner/accused stands set aside. Consequently, the connected Crl.MP.No.12750 of 2021 is ordered and the Crl.MP.No.11805 of 2021 is closed.
Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar tsh/ham To
1. The Judicial Magistrate-II, Fast Track Court, Poonamallee.
2. The III Additional District & Sessions Judge, Tiruvallur, Poonamallee.
+2ccs to M/s.M.Kempraj, Advocate, S.R.No.63103 +1cc to M/s.D.J.Venkatesan, Advocate, S.R.No.63972 Crl.RC.No.339 of 2020 VG-II(CO) SU(20/12/2021)