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Madras High CourtCRL RC/690/2026allowed

M.Kumar v. P.Velusamy

2026-03-17Honourable Mr.Justice C.Kumarappan8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Crl.M.P.Nos.4956 & 4957 of 2026 M.Kumar ..Petitioner(s) Vs P.Velusamy ..Respondent(s) Prayer:- Criminal Revision Case is filed under Section 438 r/w 442 of BNSS, pleased to call for the records in respect of the Impugned order dated 09.10.2025 on the file of Additional Sessions Court, Attur, in Crl.A.No.172 of 2024 dismissing the appeal and consequentially confirming the Judgment dated 10.06.2024 of the learned Judicial Magistrate, Fast Track Court, Attur in STC.No.92 of 2022 and set aside the same and allow the Revision Petition and pass such further or other order or orders as may deem fit and thus render justice.

For Petitioner(s):

For Respondent(s):

Mr.A.Thirumaran Mr.M.Venkadesh Kumar

ORDER

The petitioner has preferred the above revision challenging the judgment passed by the Additional Sessions Court, Attur, in Crl.A.No.172 of 2024 dated 09.10.2025, confirming the judgment of the learned Judicial Magistrate, Fast Track Court, Attur, in S.T.C.No.92 of 2022 dated 10.06.2024 convicting the

petitioner for the offence under Section 138 of the Negotiable Instruments Act and sentenced him to undergo two years simple imprisonment and to pay double the cheque amount of Rs.6,00,000/- in default, to undergo further Simple Imprisonment for three months.

2. No name is printed in the cause list in respect of the respondent. However, the learned counsel Mr.M.Venkadesh Kumar is present.

3. The learned counsel for the petitioner and respondent come up with the joint compromise memo under Section 147 of NI Act. The learned counsel for the respondent / complainant submits that they have already received the entire cheque amount Rs.3,00,000/- by way of Demand Draft bearing No.171928. In the said joint compromise memo, the respondent has stated that the dispute between the parties has been amicably settled and therefore prayed that the judgment dated 09.10.2025 in Crl.A.No.172 of 2024, on the file of the Additional Sessions Court, Attur and, confirming the judgment of conviction and sentence dated 10.06.2024 passed by the learned Judicial Magistrate (FTC), Attur, in S.T.C.No.92 of 2022 may be set aside. 4.The learned counsel for the petitioner further submits that the respondent / complainant has already filed "No objection / Consent Affidavit" on 09.03.2026 and the same is scanned as follows:-

5.In view of the above factual position, it is amply clear that both of them have compromised the issue. Therefore, this Court permits the parties to compound the offence. Accordingly, the petitioner is acquitted and the judgment of the Additional Sessions Court, Attur, in Crl.A.No.172 of 2024 dated 09.10.2025, confirming the judgment of conviction and sentence dated 10.06.2024 passed by the learned Judicial Magistrate (FTC), Attur, in S.T.C.No.92 of 2022, is hereby set aside. As a consequence the conviction and sentence passed against the petitioner in S.T.C.No.92 of 2022 is also set aside. Accordingly, the Criminal Revision Case is allowed in terms of the above compromise. The petitioner / M.Kumar is directed to be released forthwith unless his presence is required in connection with any other case. The fine amount, if any, paid by the petitioner shall be refunded. The bail bond, if any, executed shall stand discharged. Consequently, connected Crl.M.P.Nos.4956 & 4957 of 2026 are closed.

17-03-2026 ep To

1. The Additional Sessions Court, Attur.

2. The Judicial Magistrate (FTC), Attur.

3. Central Prison- Salem.

C.KUMARAPPAN, J.

ep Crl.M.P.Nos.4956 & 4957 of 2026 17-03-2026