Asaithambi v. Nagaraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2025

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.R.C.No.595 of 2022 and Crl.M.P.No.3841 of 2025 Asaithambi ... Petitioner Vs.

Nagarajan ... Respondent PRAYER: Criminal Revision Petition filed under Sections 397 r/w 401 of Criminal Procedure Code, to set aside the judgment of the Additional District and Sessions Judge, Dharmapuri made in Crl.A.No.8/2021 dated 25.10.2021 and sentence was confirmed against the petitioner in C.C.No.55/2017 dated 16.03.2020 on the file of the Judicial Magistrate (FTC), Dharmapuri. For Petitioner :

Mr.M.Jayachandran For Respondent :

Party-in-Person

ORDER

The petitioner was convicted by judgment, dated 16.03.2020 in C.C.No.55 of 2017 by the learned Judicial Magistrate (Fast Track Level), Magisterial Level, Dharmapuri (Trial Court) for offence under Section 138 of Negotiable Instruments Act, 1881 and sentenced to undergo three months Simple Imprisonment and to pay a compensation of Rs.2,20,000/- to the Page No.1 of 8

respondent as compensation within two months in default, to undergo one month Simple Imprisonment. Aggrieved over the judgment of the trial Court, an appeal was preferred by the petitioner before the learned Additional District and Sessions Judge, Dharmapuri (Lower Appellate Court) in Crl.A.No.8 of 2021. The Lower Appellate Court, by judgment dated 25.10.2021 dismissed the appeal, confirming the judgment of the trial Court, against which the present criminal revision case is filed.

2.This Court on 12.02.2025 had passed the following order: "The petitioner was convicted vide judgment, dated 16.03.2020 by the learned Judicial Magistrate (FTC), Magisterial Level, Dharmapuri in C.C.No.55 of 2017 and sentenced to undergo three months Simple Imprisonment and to pay the cheque amount of Rs.2,20,000/- as compensation to the respondent within a period of two months in default to undergo one month Simple Imprisonment for offence under Section 138 of Negotiable Instruments Act, 1881. Aggrieved over the same, the petitioner had preferred an appeal before the learned Additional District and Sessions Judge, Dharmapuri in Crl.A.No.8 of 2021 which was dismissed vide judgment, dated 25.10.2021. Against which the present criminal revision case has been filed. 2.The learned counsel for the petitioner submits that the petitioner had paid the cheque amount to the respondent and the Page No.2 of 8

issue between the petitioner and the respondent got resolved. To give details of the payment and to file a compounding petition, he seeks small accommodation.

3.Despite service of notice and name printed in the cause list, no representation for the respondent.

4.In view of the submission made by the learned counsel for the petitioner that the issue had been resolved, the presence of the respondent is essential to confirm the settlement. 5.The learned Government Advocate (Crl. Side) is directed to ensure the presence of the respondent before this Court on the next hearing date through the jurisdiction Police. The learned counsel for the petitioner to give the details of the respondent to the learned Government Advocate (Crl. Side).

6.Post the matter on 26.02.2025."

3.In continuation and conjunction to the earlier order, dated 12.02.2025, this Court is passing the following order.

4.When the matter is taken up for hearing, the respondent is appeared in person whose presence is ensured by Mr.M.Pachamuthu, Sub Inspector of Police, B1 Police Station, Dharmapuri as per the order of this Court, dated 12.02.2025, is appreciable.

5.The learned counsel for the petitioner reiterated his submission made on last hearing and again stated the issue between the petitioner and the respondent Page No.3 of 8

got settled out of Court and that the respondent received the entire cheque amount of Rs.2,20,000/-. He further submitted that to compound the offence, the respondent has filed a compounding petition in Crl.M.P.No.3841 of 2025 in Crl.R.C.No.595 of 2022 under Section 147 of Negotiable Instruments Act, 1881.

6.When this Court had an enquiry with the respondent, he confirms the compromise entered with the petitioner and also confirms the receipt of Rs.2,20,000/- and he has got no objection for setting aside the judgments of the Courts below.

7.The compounding petition filed in Crl.M.P.No.3841 of 2025 in Crl.R.C.No.595 of 2022 invoking Section 147 of the Negotiable Instruments Act, 1881 is ordered. The scanned reproduction of the affidavit filed in compounding petition is as follows:

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8.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. 9.In the result, the case between the petitioner and the respondent is compounded. Hence, the judgment, dated 16.03.2020 in C.C.No.55 of 2017 passed by the learned Judicial Magistrate (FTC), Magisterial Level, Dharmapuri and the judgment, dated 25.10.2021 passed by the learned Additional District and Sessions Judge, Dharmapuri in Crl.A.No.8 of 2021 are set aside and the revision is, accordingly, allowed. The petitioner is acquitted of all the charges levelled against him.

26.02.2025 Speaking Order/Non Speaking Order Index : Yes/No vv2 To 1.The Additional District and Sessions Judge, Dharmapuri.

2.The Judicial Magistrate (FTC), Magisterial Level, Dharmapuri.

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M.NIRMAL KUMAR, J.

vv2 26.02.2025 Page No.8 of 8