A.Sangameswaran v. M/S Sakthimurugan Textiles
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.04.2025
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.R.C.No.896 of 2021 and Crl.M.P.No.7279 of 2025 A.Sangameswaran ... Petitioner Vs.
M/s.Sathimurugan Textiles, by its Partner, C.K.Jeyakumar, 14/23-B, Chinnaiya Kounder Street, Palladam, Tiruppur.
... Respondent PRAYER: Criminal Revision Petition filed under Sections 397 r/w 401 of Criminal Procedure Code, to set aside the judgment dated 22.10.2021 passed in Crl.A.No.68/2018 on the file of the Principal Sessions Judge, Tiruppur confirming the judgment dated 28.06.2018 passed in STC.No.1062/2009 by the Judicial Magistrate Court No.I, Tiruppur by allowing the present revision and acquit the petitioner.
For Petitioner :
Mr.M.Karthik For Respondent :
Mr.S.Vinoth Kumar Page No.1 of 9
ORDER
The petitioner was convicted by judgment, dated 28.06.2018 in STC.No.1062 of 2009 by the learned Judicial Magistrate No.I, Tiruppur (Trial Court) for offence under Sections 138 of Negotiable Instruments Act, 1881 and sentenced to undergo one year Rigorous Imprisonment and to pay a compensation of Rs.7,21,497.50/- 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 Principal Sessions Judge, Tiruppur (Lower Appellate Court) in Crl.A.No.68 of 2018. The Lower Appellate Court, by judgment dated 22.10.2021 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.7,21,497.50/-. At the time of admission of the revision, the petitioner deposited 50% of the cheque amount to the credit of STC.No.1062 of 2009 on the file of the Trial Court vide receipt No.0785001, dated 06.01.2022. Now, the petitioner paid the balance 50% of the cheque amount of Rs.3,60,748/- by way of demand draft No.502313, dated Page No.2 of 9
05.04.2025 drawn in favour of the respondent. He further submitted that based on the compromise, a compounding petition in Crl.M.P.No.7279 of 2025 in Crl.R.C.No.896 of 2021 filed under Section 147 of Negotiable Instruments Act, 1881 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 receipt of the entire cheque amount of Rs.7,21,497.50/-. 4.Today, the petitioner and the respondent present before this Court and this Court had an enquiry with the respondent. The respondent reaffirmed the compromise entered with the petitioner, receipt of entire amount and filing of compounding petition. The scanned reproduction of the compounding petition under Section 147 of Negotiable Instruments Act, 1881 and demand draft, dated 05.04.2025 are as follows:
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5.It is seen that this Court on 14.03.2025 directed the respondent to withdraw the 50% of cheque amount of Rs.3,60,748/- deposited by the petitioner, at the time of admission of the revision, by filing appropriate petition. Now, the petitioner handed over demand draft for balance 50% of the cheque amount to the respondent and the same is acknowledged by him. 6.The respondent/complainant has filed a compounding petition in Crl.M.P.No.7279 of 2025 in Crl.R.C.No.896 of 2021 invoking Section 147 of the Negotiable Instruments Act, 1881 to compound the offence and the same is ordered.
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 Court accepts the compromise entered between them. 8.In the result, the case between the petitioner and the respondent is compounded. Hence, the judgment, dated 28.06.2018 in STC.No.1062 of 2009 passed by the learned Judicial Magistrate No.I, Tiruppur and the judgment, Page No.7 of 9
dated 22.10.2021 passed by the learned Principal Sessions Judge, Tiruppur in Crl.A.No.68 of 2018 are set aside and the revision is, accordingly, allowed. The petitioner is acquitted of all the charges levelled against him. 07.04.2025 Speaking Order/Non Speaking Order Index : Yes/No vv2 To 1.The Principal Sessions Judge, Tiruppur.
2.The Judicial Magistrate No.I, Tiruppur.
Note: Issue Order Copy on 15.04.2025.
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M.NIRMAL KUMAR, J.
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