D.Karunanidhi v. G.Shivaji

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN D.Karunanidhi .....

Petitioner Vs G.Shivaji .....

Respondent PRAYER:

Criminal Revision Case is filed under Section 438 & 442 of BNSS, praying to set aside the conviction imposed in the judgment dated 13.02.2025 made in CA.No.27 of 2024 on the file of the learned Additional District and Sessions Judge, Dharmapuri, confirming the judgment dated 05.04.2024 made in STC.No.27 of 2020 on the file of the learned Judicial Magistrate-Fast Track Court, Dharmapuri, by allowing this criminal revision petition. For Petitioner : Mr.N.Manoharan For Respondent : Mr.J.Pradeep

O R D E R

This Criminal Revision Case has been filed against the judgment dated 13.02.2025 passed in CA.No.27 of 2024 on the file of the learned Additional District and Sessions Judge, Dharmapuri, confirming the judgment dated 05.04.2024 made in STC.No.27 of 2020 on the file of the learned Judicial Magistrate-Fast Track Court, Dharmapuri, thereby convicting the petitioner for

the offence punishable under Section 138 of NI Act. 2.

The petitioner herein is the accused in S.T.C.No.27 of 2020 on the file of the learned Judicial Magistrate-Fast Track Court, Dharmapuri. He was found guilty of the offence under Section 138 of the Negotiable Instruments Act and he has been convicted and sentenced to undergo simple imprisonment for a period of one year and to pay a compensation of Rs.10,00,000/- to the complainant under Section 357(3) Cr.P.C r/w 138 of Negotiable Instruments Act, within a period of two months, in default of payment of compensation, the petitioner shall undergo a simple imprisonment for a period of six months as default sentence. Aggrieved by the same, the petitioner had filed appeal in C.A. No.27 of 2024 and the learned Additional District and Sessions Judge, Dharmapuri, by order dated 13.02.2025 had dismissed the above appeal. Aggrieved by the same, the present revision has been filed. 3.

Filing joint compromise memo entered into between the parties before this Court, the learned counsel appearing on either side submitted that the matter has been settled between the parties. 4.

On perusal of the aforesaid joint compromise memo, it is revealed

that the petitioner has handed over a demand draft No.415666 dated 30.07.2025 drawn on Canara Bank, Kaveripattinam Branch, Krishnagiri on 30.04.2025. As such, this Court is inclined to set aside the impugned judgments. 5.

Accordingly, the impugned judgment dated 13.02.2025 passed in CA.No.27 of 2024 on the file of the learned Additional District and Sessions Judge, Dharmapuri and the judgment dated 05.04.2024 passed in STC.No.27 of 2020 on the file of the learned Judicial Magistrate-Fast Track Court, Dharmapuri, are set aside. The aforesaid joint compromise memo shall form part and parcel of this order. The bail bond, if any executed by the petitioner, shall stand cancelled.

6.

In the result, this criminal revision case stands allowed. 13.08.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok

G.K.ILANTHIRAIYAN, J.

lok To 1.The learned Additional District and Sessions Judge, Dharmapuri 2.The learned Judicial Magistrate-Fast Track Court, Dharmapuri 13.08.2025