S.Vijendran, v. N.Rajamanickam,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.No.721 of 2025 and Crl.M.P.No.10743 of 2025 S.Vijendran ... Petitioner Vs.

N.Rajamanickam ... Respondent PRAYER: Criminal Revision has been filed under Sections 438 r/w 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to set aside the judgment dated 21.11.2024 made in C.A.No.334 of 2023 on the file of the III Additional District and Sessions Judge, Coimbatore, confirming the judgment dated 26.09.2023 made in C.C.No.1010 of 2019 on the file of the Judicial Magistrate, Fast Track Court at Magisterial Level-II, Coimbatore. For Petitioner :

Mr.S.Arjun For Respondent :

Mr.R.P.Ruban Chakravarthy

ORDER

This criminal revision has been preferred against the judgment dated 21.11.2024 passed by the learned III Additional District and Sessions Judge, Coimbatore, in C.A.No.334 of 2023, confirming the conviction and

sentence imposed on the petitioner dated 26.09.2023 passed by the learned Judicial Magistrate, Fast Track Court at Magisterial Level-II, Coimbatore in C.C.No.1010 of 2019, thereby convicted the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as "the NI Act") 2.

The learned counsel appearing for the petitioner submitted that the matter has been settled between the parties and to that extent, they entered into Joint Compromise memo. He also produced the joint compromise memo dated 05.06.2025 before this Court.

3.

In view of the above, the conviction and sentenced imposed by the trial court, which were confirmed by the appellate court, cannot be sustained. As such, the impugned judgments are liable to be set aside. Accordingly, the judgment dated 21.11.2024 passed by the learned III Additional District and Sessions Judge, Coimbatore, in C.A.No.334 of 2023, and the judgment dated 26.09.2023 passed by the learned Judicial Magistrate, Fast Track Court at Magisterial Level-II, Coimbatore in C.C.No.1010 of 2019 are set aside. The terms of Joint Compromise Memo dated 05.06.2025 shall form part and parcel of the order. The petitioner is acquitted from all the charges under Section 138

of the NI Act and set liberty forthwith. The bail bond, if any executed by the petitioner, shall stand cancelled. Fine amount, if any paid, shall be refunded to the petitioner forthwith.

4.

In the result, this Criminal Revision Case stands allowed. Consequently, connected miscellaneous petition is closed. 10.06.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order Note :- Issue order copy today ie., on 10.06.2025 rts To 1.The III Additional District and Sessions Judge, Coimbatore.

2.The Judicial Magistrate, Fast Track Court at Magisterial Level-II, Coimbatore.

3.The Superintendent, Central Prison, Coimbatore.

G.K.ILANTHIRAIYAN. J, rts Crl.R.C.No.721 of 2025 and Crl.M.P.No.10743 of 2025 10.06.2025