B.Araichelvi v. Jagadheswari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.04.2025

CORAM:

THE HON'BLE Mr. JUSTICE P.VELMURUGAN Criminal Revision Case No.452 of 2024 and Crl.M.P.No.9329 of 2025 B.Araichelvi .... Petitioner Vs.

Jagadheswari .... Respondent Criminal Revision Case filed under Sections 397 read with 401 Cr.P.C., to set aside the conviction order passed by the learned Judicial Magistrate, Fast Track Court No.I @ ML, Coimbatore in C.C.No.535 of 2015 dated 01.09.2018 and confirmed by learned III Additional District and Sessions Judge, Coimbatore in Crl.A.No.410 of 2018 dated 21.10.2021.

For Petitioner :

Mr.P.Surendran For Respondent :

Mr.S.Saravanan

O R D E R

This Criminal Revision Case arises out of the concurrent judgments of the Courts below, convicting the petitioner-accused for the Page No.1/5

offence under Section 138 of the Negotiable Instruments Act, 1881 [hereinafter referred to as 'N.I.Act'] and sentencing him to undergo simple imprisonment for a period of six months and to pay a compensation of Rs.3,50,000/- to the complainant as per Section 357(3) Cr.P.C., within a period of two months from the date of the judgment, in default, to undergo imprisonment for a period of two months.

2. Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioner-accused submitted that during the pendency of the revision petition, both the parties have arrived at an amicable settlement and the petitioner-accused had made payment in a sum of Rs.3,50,000/-, vide Demand Draft No.178761 dated 13.03.2025 in favour of the respondent-complainant and hence, he prayed that the offence under Section 138 of N.I.Act may be compounded.

3. Learned counsel for the respondent-complainant affirms the said position. The respondent-complainant has filed a compounding petition before this Court in Crl.M.P.No.9329 of 2025 to that effect. Page No.2/5

4. Recording the same, this Court is inclined to allow this petition. Accordingly, the Criminal Revision Petition is allowed and the offence under Section 138 of NI Act shall stand compounded. As per Section 320(6) Cr.P.C. / 359 BNSS, the petitioner/accused shall stand acquitted of the charge against him. Fine amount, if any, paid by the petitioneraccused shall be refunded to the accused. The petitioner-accused is directed to be released forthwith, unless his presence is required in connection with any other case.

24.04.2025 Index: Yes/No Speaking Order/Non Speaking Order Neutral Case Citation : Yes / No ms Office to note: Issue order copy by 29.04.2025 Page No.3/5

To

1. The Judicial Magistrate, Fast Track Court No.I, @ ML, Coimbatore.

2. The III Additional District and Sessions Judge, Coimbatore.

3. The Superintendent of Prison, Special Prison for Women, Coimbatore.

Page No.4/5

P.VELMURUGAN, J.

ms 24.04.2025 Page No.5/5