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Madras High CourtCRL RC/851/2024allowed

P.R.Venkataswara v. M.Kumaran

2026-02-02Honourable Mr.Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.02.2026

CORAM:

THE HONOURABLE MR. JUSTICE SUNDER MOHAN 1.P.R.Venkateswara, Proprietor of M/s.Golden Homes, Plot No.19, Vijayalakshmi Flat, Block -1, Ground Floor, Parthasarathy III Cross Street, Nanmangalam, Chennai - 600 129.

2.M/s.Golden Homes, Rep. By its Sole Proprietor P.R.Venkateswara, Plot No.19, Vijayalakshmi Flat, Block -1, Ground Floor, Parthasarathy III Cross Street, Nanmangalam, Chennai - 600 129.

...Petitioners

-VsM.Kumaran

...Respondent

PRAYER: Criminal Revision Petition is filed under Sections 397 r/w 401 of Cr.P.C, to call for the records from the file of the learned Principal District and Sessions Judge, Kanchipuram, Chengalpattu, dated 12.09.2023 in C.A.No.30 of 2020 by confirming the order of conviction and enhancing the amount of compensation passed by the learned Judicial Magistrate, Fast Track Court (Magisterial Level), Alandur, dated 03.11.2020 in C.C.No.577 of 2016 and set aside the same.

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For Petitioners :

Mr.S.Sathya Raj For Respondent :

Mr.G.Muthuraman

ORDER

The petitioners have preferred the above revision challenging the judgment passed by the learned Principal District and Sessions Judge, Kanchipuram, Chengalpattu, in C.A.No.30 of 2020 dated 12.09.2023, partly confirming the judgment of the learned Magistrate convicting the petitioners for the offence under Section 138 of the Negotiable Instruments Act, and sentenced them to undergo six months Simple Imprisonment and to pay compensation of Rs.5,50,000/-, in default, to undergo further Simple Imprisonment for three months.

2. During the pendency of the revision, the parties have arrived at an amicable settlement, wherein the respondent has agreed to receive a sum of Rs.4,35,000/- (Rupees Four Lakh Thirty Five Thousand Only) in full and final settlement of all his claims against the petitioners.

3. The respondent, who is identified by his counsel, is present in person and confirms the compromise, stating that he has received a total sum of Rs.4,35,000/- in four installments, and the last payment was made by way 2/4

of Demand Draft No.609006 dated 28.01.2026 for a sum of Rs.95,000/-. The parties have also filed a Joint Compromise Memo dated 02.02.2026, duly signed by the learned counsel appearing on either side, which shall form part and parcel of this order.

4. In view of the Joint Compromise Memo and considering the nature of the offence, this Court permits the parties to compound the offence. Accordingly, the judgment of conviction passed by the learned Principal District and Sessions Judge, Kanchipuram, Chengalpattu, in C.A.No.30 of 2020 dated 12.09.2023, partly confirming the judgment of conviction and sentence dated 03.11.2020 passed by the learned Judicial Magistrate, Fast Track Court (Magisterial Level) (FAC), Alandur, in C.C.No.577 of 2016, are hereby set aside. The Criminal Revision Case is allowed in terms of the above compromise and the petitioners are acquitted of the offence under Section 138 of the Negotiable Instruments Act. The fine amount, if any, paid by the petitioners shall be refunded. The bail bond, if any, executed shall stand discharged.

02.02.2026 cda 3/4

SUNDER MOHAN, J.

cda To 1.The Principal District and Sessions Judge, Kanchipuram, Chengalpattu.

2.The Judicial Magistrate, Fast Track Court (Magisterial Level) (FAC), Alandur. 02.02.2026 4/4