Kalaiarasi v. Sakthivel

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2025

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.R.C.No.1251 of 2022 Kalaiarasi ... Petitioner/Accused Vs.

Sakthivel ... Respondent/complainant PRAYER: Criminal Revision Case filed under Sections 397 and 401 of Cr.P.C, to set aside the order dated 24.06.2022 passed in C.A.No.20 of 2021 on the file of the learned III Additional District and Sessions Judge, Kallakurichi, Villupuram District confirming the sentence imposed in C.C.No.98 of 2019 dated 17.09.2021 on the file of the learned Judicial Magistrate, Fast Track Court, Kallakurichi convicting the petitioner to undergo one year RI and imposing a compensation of Rs.38,500/- in default to undergo two months simple imprisonment. For Petitioner : Ms.Nithyakalyani for Mr.A.Saravanan **********

O R D E R

The Criminal Revision Petition challenges the conviction of the petitioner for the offence under Section 138 of the Negotiable Instruments Act and sentence imposed on the petitioner to undergo Rigorous Imprisonment for one year and imposing amount of Rs.38,500/- as compensation, in default, to undergo two months Simple Imprisonment.

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2.The petitioner/accused was prosecuted by the respondent for offence under Section 138 of the Negotiable Instruments Act in C.C.No.98 of 2019. The trial Court, by the judgment dated 17.09.2021, convicted the petitioner and sentenced him to undergo rigorous imprisonment for one year and imposing amount of Rs.38,500/- as compensation, in default, to undergo two months simple imprisonment. Aggrieved against the same, the petitioner preferred an appeal in C.A.No.20 of 2021 before the learned III Additional District and Sessions Judge, Kallakurihi. The learned Sessions Judge, by the judgment dated 24.06.2022, dismissed the appeal confirming the conviction and sentence passed by the trial Court, against which, the present revision. 3.Today, when the matter is taken up for hearing, the learned counsel for petitioner submitted that the petitioner and respondent arrived at a settlement and filed a Joint Compromise Memo dated 20.09.2022 signed by the petitioner and the respondent and by their respective counsel.

4. In view of the compromise arrived at between the parties and Page No.2 of 5

considering the Joint Compromise Memo dated 20.09.2022, the offence under Section 138 of the Negotiable Instruments Act in C.C. No.98 of 2019 is compounded.

5.In view of the same, the Joint Compromise Memo dated 20.09.2022 is taken on file. The Criminal Revision Case is allowed in terms of the Joint Compromise Memo, dated 20.09.2022. The conviction and sentence imposed on the petitioner vide judgment dated 17.09.2021 made in C.C.No.98 of 2019 on the file of the learned Judicial Magistrate, Fast Track Court, Kallakurichi, confirmed by the judgment dated 24.06.2022 made in C.A.No.20 of 2021 on the file of the learned III Additional District and Sessions Judge, Kallakurichi, is set aside and the revision petitioner is acquitted of the offence under Section 138 of the Negotiable Instruments Act.

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To 1.The III Additional District and Sessions Judge, Kallakurichi, Villupuram District

2. The Judicial Magistrate, Fast Track Court, Kallakurichi 3.The Public Prosecutor, Madras High Court.

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M.NIRMAL KUMAR , J., nvi Crl.R.C.No.1251 of 2022 29.10.2025 Page No.5 of 5