Elumalai v. Jayavel

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.03.2021

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Crl.R.C.No.1101 of 2020 and Crl.M.P.Nos.7626, 7627 & 7628 of 2020 Elumalai ... Petitioner Vs.

Jayavel ... Respondent PRAYER: Criminal Revision Petition filed under Sections 397 r/w 401 of Criminal Procedure Code, to set aside the judgment passed in S.T.C.No.2576/2017 dated 06.02.2019 on the file of the Judicial Magistrate-IV, Salem confirmed in C.A.No.46/2019 dated 05.10.2020 on the file of III-Additional District Court, Salem. For Petitioner :

Mr.T.Muruganantham For Respondent :

Mr.R.Sunil Kumar

ORDER

On the complaint filed by the respondent/complainant under Section 138 of the Negotiable Instruments Act, 1881 in S.T.C.No.2576 of 2017, the learned Judicial Magistrate No.IV, Salem, after completing the trial, by judgment, dated 06.02.2019, convicted the petitioner/accused under Section 138 of Negotiable Instruments Act, 1881 and sentenced to undergo one year Simple Imprisonment. Challenging the same, the petitioner has preferred an appeal before the learned III Additional District Judge, Salem in C.A.No.46 of 2019. The learned III Additional District Judge, Salem by judgment dated 05.10.2020, dismissed the appeal, by confirming the judgment of the trial Court. Challenging the same, the petitioner has filed the present revision before this Court.

2.During pendency of the above revision, both the parties have arrived at settlement. This Court, by order, dated 23.03.2021, directed the petitioner to deposit 15% of the cheque amount before the Registry for compounding the offence. As per the direction of this Court, the petitioner has duly complied with the order and also deposited 15% of cheque amount for compounding the offence. Therefore, the respondent/complainant has also agreed for compromise and compounding the offence. 3.Heard the learned counsel for the petitioner/accused and the learned counsel counsel for the respondent/complainant and perused the records.

4.The offence under Section 138 of the Negotiable Instruments Act, 1881 is a compoundable offence. The Hon'ble https://hcservices.ecourts.gov.in/hcservices/

Supreme Court in the case of "Damodar S.Prabhu Versus Sayed Babala H reported in 2010 5 SCC 663" held that "if the application for compounding is made before the Sessions Court or a High Court in revision or appeal, such compounding may be allowed on the condition that the accused pays 15% of the cheque amount by way of costs.". To compound the offence under Section 138 of the Negotiable Instruments Act, 1881 before this Court, the petitioner has deposited 15% of the cheque amount before the Registry by way of demand draft dated 24.03.2021. Therefore, both the parties have settled the matter and the respondent/complainant is agreed for compounding the sentence. 5.A Compromise memo, dated 24.03.2021 has been filed before this Court which have been signed by the petitioner and the respondent and also by their respective counsel. Under such circumstances, no useful purpose will be served in keeping the case pending.

6.Hence, the Criminal Revision is allowed and the Judgment of the learned Judicial Magistrate No.IV, Salem in S.T.C.No.2576 of 2017, dated 06.02.2019 and the Judgment of the learned III Additional District Judge, Salem in C.A.No.46 of 2019, dated 05.10.2020 are set aside. The terms of Compromise Memo shall form part and parcel of this order. The petitioner is acquitted of all charges levelled against him. The bail bond if any executed shall stand cancelled. Consequently, the connected Criminal Miscellaneous Petitions are closed.

(*) Xerox copy of COMPROMISE MEMO herewith enclosed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 1.The III Additional District Judge, Salem.

2.The Judicial Magistrate No.IV, Salem.

+1cc to Mr.T.Muruganantham, Advocate Sr.No.19991 akm/30.04.21 /2p-4c/ Crl.R.C.No.1101 of 2020 26.03.2021 https://hcservices.ecourts.gov.in/hcservices/