← Library
Madras High CourtCRL RC/152/2021allowed

Veeramani v. Ramasamy

2025-02-12Honourable Mr Justice M. Nirmal Kumar10 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2025

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.R.C.No.152 of 2021 and Crl.M.P.No.2569 of 2025 Veeramani ... Petitioner Vs.

Ramasamy ... Respondent PRAYER: Criminal Revision Petition filed under Sections 397 r/w 401 of Criminal Procedure Code, to call for the records in Crl.A.No.6 of 2020 on the file of the III Additional Sessions Judge, Villupuram @ Kallakurichi confirming the conviction judgment dated 31.01.2020 passed in C.C.No.128/2017 on the file of the Judicial Magistrate, Fast Track Court (Magisterial Level), Kallakurichi and set aside the same.

For Petitioner :

Mr.E.Aneesh Vinayak for Mr.N.Ranjith Kumar For Respondent :

Mr.M.Raju

ORDER

Page No.1 of 10

The petitioner was convicted by judgment, dated 31.01.2020 in C.C.No.128 of 2021 by the learned Judicial Magistrate (Fast Track Level), Kallakurichi (Trial Court) for offence under Sections 138 r/w 142 of Negotiable Instruments Act, 1881 and sentenced to undergo one year Simple Imprisonment and to pay a compensation of Rs.4,60,000/- to the respondent within two months in default, to undergo three months Simple Imprisonment. Aggrieved over the judgment of the trial Court, an appeal was preferred by the petitioner before the learned III Additional Sessions Judge, Kallakurichi (Lower Appellate Court) in Crl.A.No.6 of 2020. The Lower Appellate Court, by judgment dated 09.02.2021 dismissed the appeal, confirming the judgment of the trial Court, against which the present criminal revision case is filed. 2.

The learned counsel for the petitioner submitted that now the issue between the petitioner and the respondent got resolved and that the respondent agreed to receive the cheque amount of Rs.4,60,000/- which the petitioner had already deposited in two instalments before the Trial Court in C.C.No.128 of 2017 on 18.09.2024 and 21.08.2024. He further submitted that the petitioner and the respondent had entered into a compromise and a compounding petition in Crl.M.P.No.2569 of 2025 in Crl.R.C.No.152 of 2021 under Section 147 of Negotiable Instruments Act, 1881 has been filed along with the Joint Memo of Page No.

Compromise to compound the offence.

3.The learned counsel for the respondent confirms the compromise entered between the petitioner and the respondent and also confirms the receipt of initial payment of Rs.2,30,000/- from the Trial Court pursuant to the order passed by this Court on 22.08.2024. He further seeks appropriate direction of this Court to withdraw the balance amount of Rs.2,30,000/- deposited by the petitioner in the Trial Court. The learned counsel for the petitioner has got no objection for the same.

4.Today, the respondent is present before this Court and this Court had an enquiry with the respondent. The respondent reaffirmed the compromise entered with the petitioner and filing of compounding petition. The scanned reproduction of the joint compromise memo and the proof of payment of Rs.4,60,000/- are as follows:

Page No.3 of 10

Page No.4 of 10

Page No.5 of 10

Page No.6 of 10

Page No.7 of 10

Page No.8 of 10

5.The respondent/complainant has filed a compounding petition in Crl.M.P.No.2569 of 2025 in Crl.R.C.No.152 of 2021 invoking Section 147 of the Negotiable Instruments Act, 1881 to compound the offence and the same is ordered.

6.In view of the above development and in the interest of both the parties not to keep these proceedings pending since it will affect their future life, this Court accepts the compromise entered between them. The Trial Court is directed to permit the respondent/complainant to withdraw the balance amount of Rs.2,30,000/- deposited by the petitioner without any notice to the petitioner. 7.In the result, the case between the petitioner and the respondent is compounded. Hence, the judgment, dated 31.01.2020 in C.C.No.128 of 2017 passed by the learned Judicial Magistrate (Fast Track Level), Kallakurichi and the judgment, dated 09.02.2021 passed by the learned III Additional Sessions Judge, Kallakurichi in Crl.A.No.6 of 2020 are set aside and the revision is, accordingly, allowed. The petitioner is acquitted of all the charges levelled against him.

12.02.2025 vv2 Page No.9 of 10

M.NIRMAL KUMAR, J.

vv2 Speaking Order/Non Speaking Order Index : Yes/No vv2 To 1.The III Additional Sessions Judge, Kallakurichi.

2.The Judicial Magistrate (Fast Track Level), Kallakurichi.

12.02.2025 Page No.10 of 10