M/S.Shine Enterprises v. K.C.Kumaravelan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.03.2025
CORAM:
THE HON'BLE Mr. JUSTICE P.VELMURUGAN Criminal Revision Case No.1004 of 2024 M/s.Shine Enterprises Proprietor, Poola Abdul Khader Saheeb, No.19/166, Joke Palms Street, Rameswarampet, Proddatur, Ysr Cuddapah District - 516 360, State Of Andhra Pradesh.
... Petitioner ..vs..
K.C.Kumaravelan ... Respondent Criminal Revision Case filed under Sections 397 read with 401 Cr.P.C., to call for the entire records in pursuant to the Criminal Appeal in C.A.No.13 of 2020 on the file Principal District Sessions Court, Kanchipuram, Kanchipuram District vide Judgment dated 06.04.2024 confirming the Judgment in passed in STC.No.114 of 2017 on the file of Judicial Magistrate No.II, Kanchipuram, Kanchipuram District vide order dated 30.09.2020 and set aside the same.
For Petitioner :
Mr.M.Sathish Kumar For Respondent :
Ms.V.Nivetha Bernice
O R D E R
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This Criminal Revision Case arises out of the concurrent judgments of the Courts below, convicting the petitioner/accusedorganization for the offence under Section 138 of the Negotiable Instruments Act, 1881 [hereinafter referred to as 'N.I.Act', for the sake of convenience] and sentencing to undergo simple imprisonment for a period of three months and to pay a compensation of Rs.14,00,000/- to the complainant, in default, to undergo simple imprisonment for a period of 15 days.
2. When the matter was taken up for hearing on 30.10.2024, the petitioner-accused filed an affidavit, stating that the balance cheque amount would be paid by way of four installments to the respondentcomplainant and he also undertook to compound the case, in the event of the petitioner paying the cheque amount to the respondent as undertaken in the affidavit.
3. Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioner submitted that as per the directions of this Court dated 30.10.2024, the petitioner-accused has paid the entire balance amount to the respondent-complainant through Demand Drafts. Page No.2/6
The respondent-complainant also received the said Demand Drafts. He further submitted that both the parties are ready to compound the charged offence. In that regard, the memo dated 05.03.2025 had been placed before this Court and a scanned re-production of the same is as follows: Page No.3/6
4. Today, the respondent-complainant appeared before this Court and has admitted that he has received Demand Drafts for a sum of Rs.7,00,000/-.
5. Recording the above submissions and the Memo dated 05.03.2025, the conviction and sentence passed by the learned Judicial Page No.4/6
Magistrate No.II, Kanchipuram, Kanchipuram District in S.T.C.No.114 of 2017, which was confirmed by the learned Principal District Sessions Court, Kancheepuram in Crl.A.No.13 of 2020 for the offence under Section 138 of the N.I.Act., is compounded between the parties.
6. Recording the above memo, this Criminal Revision Petition is disposed of.
17.03.2025 Index: Yes/No Speaking Order/Non Speaking Order Neutral Case Citation : Yes / No ms To
1. The Principal District Sessions Court, Kanchipuram, Kanchipuram.
2. The Judicial Magistrate No.II, Kanchipuram, Kanchipuram District.
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P.VELMURUGAN, J.
ms 17.03.2025 Page No.6/6