Murugan v. M.Govindan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2025

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR and Crl.M.P.No.9879 of 2025 Murugan ... Petitioner Vs.

M.Govindan ... Respondent PRAYER: Criminal Revision Petition is filed under Section 397 r/w 401 of Code of Criminal Procedure, to call for the records of the above Criminal Revision Case in judgment dated 29.09.2021 in Crl.A.No.26/2018 on the file of the Principal District Judge, Dharmapuri and the judgment dated 29.09.2016 in S.T.C.No.21/2015 on the file of the Fast Track Magistrate Court, Dharmapuri.

For Petitioner : Mr.M.Ramamoorthi For Respondent :

Mr.K.Gandhi Kumar Page No.1 of 6

ORDER

The petitioner was convicted vide judgment, dated 29.09.2016 in S.T.C.No.21 of 2015 by the learned Judicial Magistrate, Fast Track Court, Dharmapuri and sentenced to undergo Simple Imprisonment for one year and to pay the cheque amount of Rs.4,00,000/- as compensation to the respondent, in default to undergo two months Simple Imprisonment for offence under Section 138 of Negotiable Instruments Act. Challenging the same, the petitioner preferred an appeal before the learned Principal District Sessions Judge, Dharmapuri in Crl.A.No.26 of 2018 and the appeal was partly-allowed modifying the sentence vide judgment, dated 29.09.2021. Aggrieved over the same, the present Criminal Revision Case has been filed.

2.Today(30.04.2025), the learned counsel for the petitioner and the learned counsel for the respondent are present before this Court. The learned counsel for the petitioner produced the details of the payment made to the respondent/complainant which are as follows: Page No.2 of 6

(1)Rs.1,50,000/- paid by the petitioner in the bank account of the respondent/complainant in Indian Overseas Bank on 18.03.2025.

(2)Rs.50,000/- paid by the petitioner in the bank account of the respondent/complainant in Indian Overseas Bank on 16.04.2025.

(3)RS.20,000/- paid in Open Court to the respondent on 25.02.2025 and Rs.30,000/- through Gpay.

(4)Rs.1,10,000/- paid by the petitioner in the bank account of the respondent/complainant in Indian Overseas Bank on 30.04.2025.

(5)The balance amount of Rs.40,000/- paid through Gpay to the respondent on 30.04.2025.

3.The learned counsel for the respondent/complainant admits that the entire cheque amount was received by the respondent. 4.The petitioner filed compounding petition along with affidavit Page No.3 of 6

before this Court in Crl.M.P.No.9879 of 2025 in Crl.R.C.No.1037 of 2021 invoking Section 147 of the Negotiable Instruments Act, 1881 to compound the offence and the same is ordered.

5.In the result, the case between the petitioner and the respondent is compounded. Hence, the judgment, dated 29.09.2016 in S.T.C.No.21 of 2015, passed by the learned Judicial Magistrate, Fast Track Court, Dharmapuri and the judgment dated 29.09.2021 passed by the learned Principal District Judge, Dharmapuri in C.A.No.26 of 2018 are set aside and the revision is, accordingly, allowed. The petitioner is acquitted of all the charges levelled against him.

30.04.2025 Index:Yes/No Speaking Order/Non-Speaking Order cse Page No.4 of 6

To 1.The Principal District Sessions Judge, Dharmapuri.

2.The Judicial Magistrate, Fast Track Court, Dharmapuri.

Page No.5 of 6

M.NIRMAL KUMAR, J.

cse 30.04.2025 Page No.6 of 6