G.V.Geetha v. P.Yasodha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-09-2025

CORAM

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY G.V.Geetha Petitioner(s) Vs P.Yasodha Respondent(s) PRAYER : This Criminal Revision is filed under Section 397 r/w 401 of Code of Criminal Procedure, 1973 to set aside the conviction imposed in Judgment dated 06.07.2022 made in C.A No. 406 of 2019 on the file of the V Additional District and Session Court, Coimbatore confirming the conviction imposed in Judgment dated 27.11.2019 made in CC No. 590 of 2016 on the file of the Judicial Magistrate No.6 Coimbatore by allowing this Criminal revision petition For Petitioner(s):

M/s A.Swaminathan For Respondent(s):

No Appearance

ORDER

The Revision is filed against the conviction and sentence imposed against the petitioner for an offence under Section 138 of the Negotiable Instruments

Act, 1881.

2. The petitioner was convicted by the learned Judicial Magistrate No.VI, Coimbatore by judgment dated 27.11.2019 in C.C.No.590 of 2016. The petitioner preferred an appeal in C.A.No.406 of 2019 on the file of the Vth Additional Sessions Judge Coimbatore which was also dismissed by judgment dated 06.07.2022. As against which, the present revision is filed.

3. It can be seen that the total cheque amount is Rs.1,00,000/-. Subsequent to the filing of this Revision, on 08.11.2022 and 06.12.2022, the petitioner has transferred the said sum of Rs.1,00,000/- in 2 installments of Rs.50,000/- each to the Bank Account of the daughter-in-law of the complainant Yasodha namely one priyadarshini. It is represented that the cheque amount was accepted and the matter was also compounded.

4. In view of the same, this Court specifically directed the petitioner to take out notice once again to the respondent / complainant. The private notice is also taken and once again the respondent / complainant served and she is not present before this Court to deny the said fact. In view of the fact that the cheque amount is already paid by the petitioner and the offence being

compounded, this Revision is allowed on the following terms. (i) The conviction of the petitioner for the offence under Section 138 of the Negotiable Instruments Act, 1881 vide judgement dated 27.11.2019 of the trial Court and the judgement dated 06.07.2022 of the appellate Court shall stand set aside. The offence is treated as compounded. 11-09-2025 rap

To

1. The V Additional District and Session Court,Coimbatore

2. The Judicial Magistrate No.6 Coimbatore

D.BHARATHA CHAKRAVARTHY J.

rap 11-09-2025