Sathya v. R. Ponnusamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.7812 of 2025 Sathya ... Petitioner Vs.

R.Ponnusamy ... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records of the judgment in C.C.No.151 of 2016 passed by the Judicial Magistrate Court Fast Track Court at Coimbatore, confirmed by the V Additional District and Sessions Judge, Coimbatore in CA.No.174 of 2018 and Crl.RC.No.1286 of 2019 on the file of this Court and set aside the same to acquit the petitioner/accused from all the charges under Section 138 of NI Act against her in view of the compromise arrived in between the parties.

For Petitioner : Mr.C.Deivasigamani

O R D E R

This Criminal Original Petition has been filed to set aside the judgment in C.C.No.151 of 2016 passed by the Judicial Magistrate Court Fast Track Court at Coimbatore, which has been confirmed by the V Additional District and Sessions Judge, Coimbatore in CA.No.174 of 2018 and Crl.RC.No.1286 of 2019 on the file of this Court and to acquit the petitioner/accused from all the charges under Section 138 of NI Act in view of the compromise arrived in between the petitioner and the respondent.

2.

Pending this petition, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. 3.

A Joint Compromise Memo has been filed before this Court, which has been signed by the petitioner and the respondent / the complainant. All the parties are present and identified by their respective counsel and the Police. In order to identify the respondent, he has also produced a copy of his Aadhaar Card and it is made part of the record. This Court also enquired both the parties and was satisfied that the

parties have come to an amicable settlement between themselves. 4.

Under such circumstances, in the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641- (Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 528 of BNSS, 2023, set aside the impugned judgments.

5.

In view of the above, the impugned judgments in, C.C.No.151 of 2016 dated 05.04.2018 passed by the Judicial Magistrate Court Fast Track Court at Coimbatore; CA.No.174 of 2018 dated 04.09.2019 on the file of the V Additional District and Sessions Judge, Coimbatore; and Crl.RC.No.1286 of 2019 dated 21.09.2023 on the file of this Court, are hereby set aside. The terms of the above Joint Compromise Memo dated 29.04.2025 shall form part and parcel of this Order. The petitioner shall pay a sum of Rs.5,000/-, (Rupees Five Thousand only) as costs, to the Chief Justice Relief Fund, Madras High Court, Tamil Nadu, forthwith and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

6.

Accordingly, the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed. 29.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok

To 1.The Judicial Magistrate Court, Fast Track Court at Coimbatore.

2.The V Additional District and Sessions Judge, Coimbatore

G.K.ILANTHIRAIYAN, J.

lok and Crl.M.P.No.7812 of 2025 29.04.2025