B.Sujithra v. K.Saroja
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Date : 13.08.2025
CORAM:
THE HON`BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.R.C No.1440 of 2025 B.Sujithra ... Petitioner ..Vs.
K.Saroja ... Respondent Prayer: This Criminal Revision Petition is filed under Section 438 read with 442 of BNSS Act, to set aside the judgment dated 23.08.2024 passed in Criminal Appeal No.50 of 2024 by the I Additional District and Sessions Judge, Namakkal confirming the judgment passed by the learned Judicial Magistrate No.I, Namakkal, in C.C No.268 of 2021 dated 21.11.2013, convicting the petitioner under the provisions of 138 of Negotiable Instruments Act.
For Petitioner : Mr.K.Kalimuthu For Respondent : Mrs.K.Saroja, party-in-person
O R D E R
This revision has been filed as against the judgment dated 23.08.2024 passed in Crl.A.No.50 of 2024 by the I Additional District and Sessions Judge, Namakkal, thereby confirmed the judgment of conviction and sentence imposed by the Judicial Magistrate No.I, 1/4
Namakkal in C.C No.268 of 2021 dated 21.11.203 for the offence under Section 138 of Negotiabe Instruments Act.
2. The petitioner herein is the accused in C.C No.268 of 2021 on the file of the learned Judicial Magistrate No.I, Namakkal. She was found guilty of the offence under Section 138 of the Negotiable Instruments Act and she has been convicted and sentenced to undergo simple imprisonment for a period of six months and to pay a compensation of Rs.4,50,000/- to the complainant under Section 357(3) Cr.P.C., in default of payment of compensation, the petitioner shall undergo a simple imprisonment for a period of one month as default sentence. Aggrieved by the same, the petitioner had filed an appeal in Crl.A No.50 of 2024 and the learned I Additional District and Sessions Judge, Namakkal, by a judgment dated 23.08.2024, had dismissed the above appeal confirming the judgment and sentence imposed by the Trial Court. Aggrieved by the same, the present revision has been filed.
3. The learned counsel appearing for the petitioner would submit that, at the time of filing the revision, the petitioner had settled the entire cheque amount to the respondent and both parties had entered into 2/4
a Memorandum of Understanding dated 26.06.2025.
4. On perusal of the Memorandum of Understanding dated 26.06.2025, it is seen that the parties have amicably settled the dispute, and the respondent has no objection in setting aside the conviction as against the petitioner herein.
5. In view of the above, the Judgment dated 23.08.2024 passed in C.A.No.50 of 2024 by the learned I Additional District and Sessions Judge, Namakkal confirming the Judgment and conviction passed by the Judicial Magistrate No.I, Namakkal, in C.C No.268 of 2021, dated 21.11.2023 are hereby set aside and the terms of Memorandum of Understanding, dated 26.06.2025 shall form part and parcel of this order.
6. Accordingly, this Criminal Revision Case stands allowed. 13.08.2025 Index:Yes/No Internet:Yes/No uma G.K.ILANTHIRAIYAN,J uma 3/4
To 1.The I Additional District and Sessions Judge, Namakkal 2.The Judicial Magistrate No.I, Namakkal Crl.R.C No.1440 of 2025 13.08.2025 4/4