Mala @ Mariyammal v. V.Thirukumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2025

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.R.C.No.776 of 2021 and Crl.M.P.No.5959 of 2025 Mala @ Mariyammal ... Petitioner Vs.

V.Thirukumar ... Respondent PRAYER: Criminal Revision Petition filed under Sections 397 r/w 401 of Criminal Procedure Code, to set aside the judgment passed in C.A.No.39/2017 dated 16.09.2020 on the file of the Additional Sessions Court, Fast Track Mahila Court, Tiruvarur and confirmed in S.T.C.No.154/2017 dated 25.09.2017 on the file of the Fast Track Judicial Magistrate Court, Thiruthuraipoondi. For Petitioner :

Mr.T.Muruganantham For Respondent :

Mr.Palanivel Page No.1 of 10

ORDER

The petitioner was convicted by judgment, dated 25.09.2017 in S.T.C.No.154 of 2017 by the learned Fast Track Judicial Magistrate, Thiruthuraipoondi (Trial Court) for offence under Sections 138 of Negotiable Instruments Act, 1881 and sentenced to undergo four months Simple Imprisonment and to pay compensation of Rs.2,50,000/- to the respondent in default to undergo two months Simple Imprisonment. Aggrieved over the judgment of the trial Court, an appeal was preferred by the petitioner before the learned Additional Sessions Judge, Fast Track Mahila Court, Thiruvarur (Lower Appellate Court) in Crl.A.No.39 of 2017. The Lower Appellate Court, by judgment dated 16.09.2020 dismissed the appeal, confirming the judgment of the trial Court, against which the present criminal revision case is filed. 2.

The learned counsel for the petitioner submitted that now the issue between the petitioner and the respondent got resolved and that the respondent agreed to receive the cheque amount of Rs.2,50,000/-, of which, the petitioner already deposited Rs.1,00,000/- (Rupees One Lakh only) to the credit of S.T.C.No.154 of 2017 on 13.12.2021. Out of the balance amount of Rs.1,50,000/-, today Rs.1,00,000/- is paid by way of cash to the respondent and Page No.

another sum of Rs.50,000/- deposited to the account of the respondent's wife viz., Pradeepa bearing Account No.42711477609, State Bank of India, Thiruthuraipoondi Branch. He further submitted that the petitioner and the respondent had entered into a compromise and a compounding petition in Crl.M.P.No.5959 of 2025 in Crl.R.C.No.776 of 2021 under Section 147 of Negotiable Instruments Act, 1881 has been filed along with the Joint Memo of Compromise to compound the offence.

3.The learned counsel for the respondent confirms the compromise entered between the petitioner and the respondent and also confirms the deposit of initial payment of Rs.1,00,000/- before the Trial Court and subsequent payment of Rs.1,50,000/-. He further seeks appropriate direction of this Court to withdraw the deposited amount of Rs.1,00,000/- without notice to the petitioner. The learned counsel for the petitioner has got no objection for the same.

4.Pursuant to the order passed by this Court on 17.02.2025, today the petitioner, a sick lady appeared through the video conference and the respondent is also appeared in person along with his counsel. The respondent reaffirmed the compromise entered with the petitioner and filing of Page No.3 of 10

compounding petition. The scanned reproduction of the joint compromise memo and the receipt No.0306007, dated 13.12.2021 for payment of Rs.1,00,000/- are as follows:

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5.The respondent/complainant has filed a compounding petition in Crl.M.P.No.5959 of 2025 in Crl.R.C.No.776 of 2021 invoking Section 147 of the Negotiable Instruments Act, 1881 to compound the offence and the same is ordered.

6.It is submitted by the petitioner through video conference that she took a loan of Rs.2,00,000/- and in discharge of the liability, two cheques obtained from the petitioner in Cheque Nos.077399 and 077400, of which the Cheque No.077399 filled up for Rs.2,00,000/- and the case filed against her which is now reached the stage of the present revision. As regards the Cheque No.077400, the cheque is still with the respondent. The apprehension of the petitioner is that the respondent is being a money lender, he would fill up the cheque either by him or through a known person to him and again implicate the petitioner in yet another case. The learned counsel for the respondent confirms that the respondent does not hold any cheque of the petitioner in Cheque No.077400 and the respondent will not proceed against the petitioner either by himself or through any of his friends.

7.In view of the above development and in the interest of both the parties not to keep these proceedings pending since it will affect their future life, this Page No.8 of 10

Court accepts the compromise entered between them. The Trial Court is directed to permit the respondent/complainant to withdraw the deposited amount of Rs.1,00,000/-, without any notice to the petitioner. 8.In the result, the case between the petitioner and the respondent is compounded. Hence, the judgment, dated 25.09.2017 in S.T.C.No.154 of 2017 passed by the learned Fast Track Judicial Magistrate, Thiruthuraipoondi and the judgment, dated 16.09.2020 passed by the learned Additional Sessions Judge, Fast Track Mahila Court, Thiruvarur in Crl.A.No.39 of 2017 are set aside and the revision is, accordingly, allowed. The petitioner is acquitted of all the charges levelled against him.

21.03.2025 Speaking Order/Non Speaking Order Index : Yes/No vv2 To 1.The Additional Sessions Judge, Fast Track Mahila Court, Thiruvarur.

2.The Fast Track Judicial Magistrate, Thiruthuraipoondi.

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M.NIRMAL KUMAR, J.

vv2 21.03.2025 Page No.10 of 10